New OPFA Rules: What Pension Fund Trustees Need to Know

The Ombud Council published new Rules for the Office of the Pension Funds Adjudicator (OPFA) in March 2026, introducing a more structured and disciplined approach to the handling of pension fund complaints.

While the OPFA’s mandate remains unchanged, the Rules significantly raise expectations around governance, internal dispute resolution, member communication, and cooperation with the Adjudicator. Trustees should take note: complaint handling is now firmly a board-level responsibility.

Internal Complaints Processes Come First

A key feature of the new Rules is that the OPFA is no longer intended to be the first point of escalation for member disputes. Complaints that have not been properly considered through a fund’s internal complaints procedure will be treated as premature and referred back to the fund.

A robust internal complaints process now essential. Trustees should ensure that their fund has:

  • A clearly documented complaints procedure
  • Defined timelines for acknowledgement and resolution
  • Clear escalation points
  • Proper record-keeping and evidence trails
Fund rules, administration agreements, and governance frameworks should be reviewed to confirm alignment with these requirements.

Improved Member Communication Requirements

The Rules also place a stronger emphasis on how dispute resolution options are communicated to members. Funds must clearly and plainly explain:

  • How members can lodge complaints internally; and
  • When and how the OPFA may be approached
This information must be included in key member-facing documents and platforms such as benefit statements, member booklets, and fund websites.
For trustees, this is an opportunity to review member communications for clarity, accessibility, and consistency. Clear communication can meaningfully reduce confusion, dissatisfaction, and unnecessary referrals to the OPFA.

Stronger Enforcement Powers for the OPFA

The OPFA has been given enhanced enforcement tools. Where a fund, administrator, or employer fails to cooperate or respond adequately, the Adjudicator may issue a default determination based on the information available.

This increases the risk of adverse outcomes where responses are late, incomplete, or poorly supported. Trustees should ensure that complaints and OPFA matters are:

  • Properly diarised and tracked
  • Responded to within prescribed timeframes
  • Reported on regularly at board level
Effective oversight of administrators and service providers is critical under the new regime.

Interest and Cost Orders: A Reminder of Trustee Accountability

The Rules confirm the OPFA’s authority to award interest and, in limited cases, legal costs. While cost orders are expected to remain rare, they may be imposed where conduct is unreasonable, obstructive, or in bad faith.

Trustees should remain alert to behaviours, by employers, service providers, or board members, which could expose the fund to such findings. Constructive, cooperative engagement with the OPFA is essential.

Contribution Compliance and Section 13A Enforcement

The OPFA’s role in enforcing employer contribution obligations under section 13A of the Pension Funds Act is also reinforced. The Adjudicator may now report non-compliant employers to the FSCA for administrative enforcement action.

Trustees should ensure they receive regular and accurate reports on contribution compliance and that clear escalation protocols exist to address arrears early, before disputes escalate.

The Lesson for Every Business

In practical terms, trustees should now:
  • Review and update internal complaints procedures
  • Refresh member-facing dispute resolution communications
  • Strengthen complaint governance and response processes
  • Engage with the principal officer and administrator on operational readiness
Proactive action will help funds manage complaints effectively, reduce regulatory risk, and demonstrate sound governance in an increasingly strict oversight environment.

Is Your Fund Ready for the New OPFA Rules?

The shift to board-level responsibility means there is no room for error in your internal dispute resolution or contribution compliance. Ensure your fund meets the new March 2026 governance standards and avoids the risk of default determinations.

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