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Teachers’ Pension Scheme (PO-1877)

Complainant: Mrs Elizabeth Lomax
Complaint Topic: Benefits: overpayment (recovery of)
Ref: PO-1877
Outcome: Upheld
Respondent: Teachers' Pensions
Type: Pension complaint or dispute
Date:

Complaint Summary

Mrs Lomax complains that TP, the administrators of the Scheme, are seeking to recover outstanding unpaid employee pension contributions from her (inclusive of interest). Mrs Lomax argues that she should not be required to pay the outstanding unpaid employee pension contributions or the interest that has accrued as a consequence of her failure to pay them to date. Mrs Lomax also complains that she has suffered distress and inconvenience as a consequence of TP’s maladministration.

Summary of the Ombudsman’s determination and reasons

The complaint is upheld against TP because Mrs Lomax has a limitation defence. TP knew of the extent of the outstanding unpaid employee contributions in 2001 and 2002 and failed to recover them within the period prescribed by the Limitation Act 1980. Any action to recover the amount is, therefore, and in my view, now time-barred.

 

 

 

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