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The Bic UK Pension Scheme (PO-1918)

Complainant: Mr D
Complaint Topic: Benefits: overpayment (recovery of)
Ref: PO-1918
Outcome: Partly upheld
Appeal outcome: Upheld
Respondent: 1. Atkin & Co (Atkin)
2. MJB Independent Trustee (the Trustees)
Type: Pension complaint or dispute
Date:
Appeal: Yes

Ombudsman’s Determination

Outcome

Mr D’s complaint against Atkin and the Trustees is partly upheld, but there is a part of the complaint I do not agree with.

To put matters right (for the part that is upheld) the Trustees should write off the overpayments which are subject to limitation defence. The Trustees are able to recover the overpayments which occurred from 25 May 2010 onwards.

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

Complaint summary

Mr D has complained that he has been overpaid by the Trustees in relation to his pre 88 Guaranteed Minimum Pension, (GMP), to which he was not entitled to and the Trustees are now seeking recovery of the overpayment.

Mr D would like the Trustees to write off the overpayment and reinstate his pension payments to the original amount paid.

 

View determination

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