Marks and Spencer Pension Scheme (PO-4443)

Complaint summary

Miss O’Riordan complains that the Trustee provided incorrect information about the application of the state pension deduction (the Deduction) to her pension entitlement. She says that the dispute centres on the difference between ‘payment provision’ in the rules of the Scheme and ‘Benefit Calculation Provisions’.  She feels that because she was already receiving a pension, the Trustee cannot recalculate the benefit and introduce a new reduction.

Summary of the Ombudsman’s determination and reasons

The complaint should be partly upheld against the Trustee because even though it applied the Deduction at the correct age, it provided inaccurate and misleading information about her entitlement.