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Teachers’ Pension Scheme (PO-5653)

Complainant: Langley Park School for Girls
Complaint Topic: Contributions: failure to pay into scheme
Ref: PO-5653
Outcome: Not upheld
Appeal outcome: Pending
Respondent: 1. Department for Education
2. Teachers’ Pensions
Type: Pension complaint or dispute
Date:
Appeal: Yes

Complaint summary

The School has complained that the Department for Education and Teachers’ Pensions have incorrectly demanded contributions which they say are owed to the Scheme in respect of Ms Rosemarie Stephens for the period 1 September 2002 to 31 March 2012. The School says that they are not liable to pay any employer contributions and interest in respect of Ms Stephens for this period.

Summary of the Ombudsman’s determination and reasons

The complaint is not upheld against the Department for Education and Teachers’ Pensions. Ms Stephens made an election for her part-time employment to be treated as pensionable and has not made another election for her part-time employment not to be treated as pensionable employment. It follows that, in accordance with the regulations governing the Scheme, Ms Stephens was in pensionable employment during the period 1 September 2002 to 31 March 2012 (and she has not retrospectively elected to opt-out of the Scheme), so contributions are due in respect of her membership, together with interest calculated in accordance with the regulations governing the Scheme.

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