Pensions Ombudsman Focus 54th Edition

Welcome to the 54th edition of the Pensions Ombudsman Focus for the period to August 2016.

The determinations in this edition consider the importance of the trustee role and that if a person takes on this role, he must comply with his trust law duties regardless of outside factors. The second determination sees the Ombudsman confirm that his role is to ensure schemes act correctly and comply with the law and to decide if there has been any injustice as a result of maladministration – it is not to insist that schemes provide benefits that they are under no obligation to provide. In the third determination the Ombudsman considers the scope of his role when looking at the way trustees exercise their discretions and confirms his role is to determine whether a decision of the trustee was reached in a proper manner. Finally, the Ombudsman considers what “broadly comparable” benefits are in the context of a transfer of benefits from one scheme to another.

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

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