Pensions Ombudsman Focus April 2018 Edition

 

Welcome to the Pensions Ombudsman Focus for the period to April 2018. In this edition, we cover three recent complaints to the Pensions Ombudsman.

First, we consider a case where there was an overpayment of a member’s pension and the scheme sought to recover a part of the overpaid amount. The Pension Ombudsman found that it would not be inequitable to require the member to repay the overpayment as she ought to have known that she was being overpaid.

Second, we look at a case that considers whether the trustees of a scheme are obliged to make increases in deferment in line with CPI, as a result of the change in statutory revaluation from RPI to CPI. The Ombudsman held that the appropriate index to use depends on the wording of the scheme rules.

Finally, we look at a case where a member and the trustees dispute whether benefits had been transferred to the scheme when there was a bulk transfer from the member’s original scheme. There was a lack of evidence to support either claim but, on balance, the Ombudsman accepted the member’s complaint and ordered the scheme to pay the member benefits, with interest.

Please do not hesitate to get in touch if you would like to discuss any of these determinations and how they might affect you or indeed any other contentious issues on which Linklaters Pension Dispute Resolution Group may be able to assist.

Read more on the April 2018 edition.