Help with AGAIs


I'm making an application to the MOD and require access to two documents which in the ordinary course of events should be discoverable and accessible by applicants. Please can you help an old soldier from the far side of the world with these requests.

1. AGAI's, Volume 3, Chapter 95 in which, according to QR's, is set out the Internal Disputes Resolution Procedure for both serving and retired personnel as required under the Pensions Act 1995.

2. I don't know if they're in AGAIs or elsewhere but the explanation for the PES codes and PULHEEMS

I've had the run around from APC and time is moving on by the year since this application started.

Yours gratefully
PES codes don't exist anymore, they've been replaced by JMES codes and are contained in PAP10 but its too big to attach.

AGAIs Vol 3 Chap 95


[DPS(A)/8/l/PS 10]


95.071. One of the changes in the Pensions Act 1995 which affects the Armed Forces Pension Scheme (AFPS) is that occupational pension schemes are required to introduce formal Internal Disputes Resolution Procedures (IDRP) for dealing with disagreements between scheme members and scheme administrators. This instruction explains how these procedures will operate in the AFPS.

Main Features

95.072. The IDRP gives AFPS members:

a. The right to receive a written explanation of a decision made by the scheme administrators in response to a complaint; and

b. The right to appeal to the scheme managers against the scheme administrators’ decision.

A scheme member has to exhaust his/her scheme s IDRP before he/she may appeal to the Pensions Ombudsman.

95.073. The IDRP is a two-stage process.

a. Under the first stage, members have the right to complain about a decision made by the scheme administrators.

b. Under the second stage, members have the right of appeal to the scheme managers against the decision made on their complaint under the first stage.

Who can make a complaint

95.074. The new arrangements are available to any one of the following, or any one claiming to be one of the following:

a. Serving members of the AFPS;

b. Members who have left service;

c. Dependants of deceased scheme members;

d. Potential members of the scheme.

A complaint may be made or continued on behalf of one of the above by the appointed representative of the complainant (e.g. a friend or solicitor).

How to make a complaint

95.075. An application under IDRP should be made in writing to:

Head of Pensions Division
Army Personnel Centre
Room 3446
Kentigern House
65 Brown Street
Glasgow G2 8EX.

95.076. The following information should be included in a complaint:

a. It should clearly state that the AFPS IDRP is being invoked, to ensure that it is not confused with general enquiries;

b. The complainant must set out the nature of the disagreement, with sufficient details to show why he/she is aggrieved;

c. It should provide the full name, address, date of birth and Service Number of the complainant;

Where the complainant is a dependent of a deceased scheme member, it should provide this information both in relation to the complainant and the scheme member, together with details of the complainant s relationship to the scheme member;

d. Any appointed representative must provide his/her full name, address and profession and an address for correspondence. Proof of appointment will also be required.

95.077. Complaints which do not provide the above data will be referred back to the complainant stating clearly the information required and that no further action can be taken until it is provided.

First Stage

95.078. Normally, a decision under the first stage of IDRP will be made and issued within two months of receiving the complaint. This will be known as ‘the notice of decision’. If a reply is not possible within that timescale, an interim reply will be sent explaining why there has been a delay, and when a full reply can be expected.

95.079. The notice of decision will include:

a. An explanation of the decision, including references to scheme documentation and/or legislation relied on;

b. Advice of his/her right to have the disagreement referred for reconsideration by the scheme managers within a time limit of six months from the date of the notice of decision.

Second Stage

95.080. Under the second stage, a complainant may appeal to the scheme managers against the decision made under the first stage. The scheme managers are the Defence Council or their authorised representatives.

95.081. Any such appeal must be made to the address as in para 95.075 within six months of the notice of decision made under the first stage.

95.082. As well as providing the information he/she gave at the first stage, he/she must also state that he/she wish the scheme managers to reconsider the first stage decision, and why he/she is dissatisfied with it.

95.083. While initial complaints and appeals under the second stage have the same focal point, different staff and separate staffing procedures will prevail for the investigation and preparation of evidence under the individual stages.

95.084. Once the appeal has been made, a decision will normally be made and issued by the Defence Council or their authorised representatives within two months of receiving the appeal. If a decision is not possible within this time limit, an interim reply must be sent explaining this, and saying when a full reply can be expected.

95.085. In addition to the information provided in the first stage, the notice of decision will state:

a. The extent to which the Defence Council or their authorised representatives have replaced the first stage decision;

b. Advice of the availability of the Occupational Pensions Advisory Service (OPAS) and the possibility of referring a complaint to the Pensions Ombudsman, and their addresses.

Relationship of IDRP to Service Redress of Grievance procedures

95.086. These procedures do not take away the rights of serving members of the Army to complain under the existing Redress of Grievance procedures which are laid down in the Service Discipline Acts. The separate IDRP has been introduced to comply with the Pensions Act 1995, which applies to retired as well as serving personnel.

95.087 - 95.100. Reserved.
Very many thanks to all posters for their public and private posts. They were all extremely helpful.
A Get out of Gaol Free Card to one and all
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