NHS Pension Scheme (PO-7182)

Complaint Summary

Ms Bennett has complained that:

• she should have been advised of the option of a pension transfer from her previous pension arrangement when she started employment with Chester & Halton Community NHS Trust in 2000; and
• she should have been informed that there was a time limit of 12 months for her to make an application for a transfer on public sector transfer club (Transfer Club) terms; and
• NHSBSA has failed to allow her a transfer calculated on Transfer Club terms.

Summary of the Ombudsman’s Determination and reasons

• The complaint should be upheld against DH because its predecessor (Chester & Halton Community NHS Trust) should, as part of its role in administering the Scheme for its employees, have provided Ms Bennett with information about the time limit.
• The complaint should not be upheld against NHSBSA because it had no discretion to allow Ms Bennett a transfer on Transfer Club terms outside the time limit. Furthermore, NHSBSA was never Ms Bennett’s employer and never took over the liabilities of her former employers. Therefore NHSBSA was not required to provide her with information about the time limit.