Invensys Pension Scheme (PO-3885)

Complaint summary

Dr Baldwin has complained that he was provided with incorrect information and that he relied on the misinformation when deciding to retire. Had he known his actual pension entitlement was lower than stated, he would have continued to work and would not have triggered his pension until August 2013.

He says that his claim is for negligence and negligent misrepresentation.

He is seeking compensation for loss of income, loss of pension entitlement and for the distress and inconvenience caused by the maladministration in this matter.

Summary of the Ombudsman’s Determination and reasons

The complaint should be upheld against the Trustee to the extent that Dr Baldwin is compensated for his distress and inconvenience. The complaint is not upheld to the full extent because:

• Although Dr Baldwin received a number of incorrect benefit statements he did not rely on them to his detriment and he has not changed his position.
• It is more likely that Dr Baldwin’s decision to retire when he did was driven by his employment situation, and not the specific amount of pension that he had accrued, up to that point. In other words, I believe that Dr Baldwin would still have retired in 2010, even if he had been aware of his correct entitlement.