NHS Pension Scheme (PO-2510)

Ombudsman’s Determination

Complaint Summary

Mr L has complained that NHS BSA has failed to identify errors in its calculation of the cost of reinstating his late wife’s (Mrs L) part-time service in the Scheme. Specifically, Mr L says that information relating to Mrs L’s hours worked on which NHS BSA has based its reinstatement offer is incorrect. Mr L also submits that the dates of Mrs L’s employment are incorrect.

Mr L also complains that NHS BSA has withheld information from Mrs L’s former employer and that it has not gone far enough in its investigation of her hours worked. The consequence of this for Mr L is that if he chooses to accept the offer he will be paid a lower pension and lump sum from the Scheme than would have been the case had the reinstatement offer been formulated on the basis of the correct information.

Mr L has also complained that NHS BSA has incorrectly denied him the opportunity to pay the cost of purchasing the part-time service from the funds held in Mrs L’s NHS Money Purchase Additional Voluntary Contribution (MPAVC) plan.

Summary of the Ombudsman’s Determination and reasons

The complaint is partly upheld against NHS BSA. My reasons are as follows:

• in the circumstances NHS BSA is bound to follow the judgment of the Employment Tribunal and so the applicable start date of Mrs L’s employment is 29 November 1976;
• the calculation of the reinstatement offer has been made using the details of hours worked provided to NHS BSA by Mrs L’s former employer, which is the correct basis in the circumstances;
• there is insufficient evidence to suggest that NHS BSA has withheld information from Mrs L’s former employer relating to her hours worked; and
• in the circumstances, the cost of reinstating Mrs L’s part-time service cannot be made directly from the funds in her MPAVC plan.