Teachers’ Pension Scheme (PO-6232)

Complaint summary

Mrs Whyton has complained that Teachers’ Pensions have asked that she repay an overpayment of pension. She says that Teachers’ Pensions should waive the overpayment and that they should compensate her for the distress and inconvenience their seeking repayment of the overpayment has caused her.

Summary of the Ombudsman’s determination and reasons

The complaint is not upheld against Teachers’ Pensions because there is insufficient evidence to show that, on the balance of probabilities, Mrs Whyton complied with her obligation to inform the Paymaster General’s Office when she returned to teaching employment after premature retirement. Further, Mrs Whyton does not have the benefit of a limitation defence. It follows that Teachers’ Pensions are entitled to recover the overpaid pension. However, to date Teachers’ Pensions have sought recovery of the overpaid pension in an unreasonable manner and must, therefore, compensate Mrs Whyton for the distress and inconvenience this has caused her.