Kier Group Pension Scheme (PO-11670)

Ombudsman’s Determination

Outcome

I do not uphold Ms D’s complaint and no further action is required by the Trustees.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Ms D has complained that the Trustees have not correctly considered the apportionment of Mr E’s death in service lump sum (the lump sum).  Ms D feels that the Trustees have not put enough weight upon her dependency on Mr E, her relationship with Mr E, the nomination form, or her ill health.

Ms D feels that she has been discriminated against because she and Mr E were not married, and believes that if they had been she would have received 100% of the lump sum.

She believes that Mr E’s three children are entitled to something, but that 50% of the lump sum split equally between them is too high and that awarding 80% to her and 20% split equally between the children would have been more appropriate. Ms D has also questioned whether the adult children should qualify as beneficiaries as they are no longer legally children.