The ABB Plan – (PO-3333)

Subject

Mr Heyes was made redundant in December 2010. Mr Heyes complains that his entitlement to an unabated pension paid on redundancy, known as Benefit 4, was incorrectly taken from him. To put matters right Mr Heyes wants to be paid Benefit 4, backdated to 1 January 2011.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint is not upheld against ABB and the Trustees (together, the Respondents) because Mr Heyes was not entitled to Benefit 4 on his redundancy in December 2010. This was because the amendment to Benefit 4 in 2005 provided that Mr Heyes needed to be 50 or over in 2005 to be eligible to receive Benefit 4. He was not and therefore was not eligible to receive it. Further, the amendment of Benefit 4 was not in contravention of section 67 of the Pensions Act 1995 (PA 1995) or the amendment power in the Plan’s governing documentation. In addition, Mr Heyes was not entitled to receive Benefit 4 by virtue of the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).