The OPFA notes that section 13A complaints lodged by retirement funds differ from ordinary member complaints because they typically involve a fund seeking relief against a participating employer for the non-payment of contributions, the non-submission of contribution schedules, or related non-compliance. Such complaints may also involve the responsible person or persons at the employer who may be held personally accountable for compliance with section 13A.
To address the specific features of these complaints, the form requires funds to provide detailed information about the parties involved, the period of non-compliance, the outstanding contribution schedules and contributions, any late-payment interest claimed, and the relief sought.
It also asks whether civil proceedings have already been instituted and whether any part of the complaint relates to a period of non-compliance older than three years, enabling the OPFA to identify potential jurisdictional issues at an early stage.
The form requires a range of supporting documents, including a resolution or other authority to lodge the complaint, an extract of the relevant fund rules dealing with contributions, a list of affected members, a reconstruction schedule, a calculation of the outstanding contributions and interest, a Companies and Intellectual Property Commission report on the employer, the fund’s section 13A(9)(a) notice to the employer, and any response received from the employer. Where a required document cannot be provided, the fund must explain why.
According to the OPFA, the dedicated form is intended to improve the quality and completeness of section 13A complaints, reduce delays caused by incomplete submissions, promote consistency in how complaints are lodged and assessed, assist in identifying responsible persons against whom relief is sought, and strengthen compliance and accountability in the retirement fund sector. It says a standardised process will also help to determine whether a complaint has been properly lodged before the investigation proceeds.
The OPFA warns that it may regard a complaint as not properly lodged if the information and supporting documents required for the investigation are not submitted.
The communication also confirms that these complaints will be dealt with under the OPFA’s Expedited Complaints Policy, which recognises complaints by retirement funds relating to the non-payment of contributions by participating employers as matters that may warrant expedited handling.
Qualifying complaints may be identified at intake or early resolution stage, prioritised for assessment, and allocated for case management without following the ordinary first-in, first-out approach. Parties may also be required to provide outstanding information within shortened timeframes.
The OPFA emphasises, however, that expedited handling remains subject to the availability of the information required for proper investigation and adjudication. It says the approach is intended to support the prompt, procedurally fair, and structured resolution of contribution-related complaints while ensuring that matters are properly investigated before they are determined.
The new form can be downloaded from the OPFA’s website.
