Massey Ferguson Works Pension Scheme (PO-15157)

Ombudsman’s Determination

Complaint Summary

Mrs S has complained that she was not awarded an unreduced pension on being made redundant in 2015. She considers this to be contrary to the Scheme rules.

Mrs S has also complained that the Company provided incorrect and misleading information to the Trustee. She says the Company provided the Trustee with unnecessary personal data and the personal views of its HR directors, which were not impartial. She also says the Company took too long to respond. Mrs S says she was not provided with information about the internal dispute resolution (IDR) procedure until after she had been told the outcome of her claim. She says she was not told she could appeal the decision until she contacted the Pensions Advisory Service (TPAS)

Summary of the Ombudsman’s Determination and reasons

The complaint is not upheld against the Company or the Trustee because Mrs S negotiated and agreed a valid, legally binding settlement with her employer on the basis that she was being made compulsorily redundant. As such, she is precluded by that agreement from seeking to enforce her contingent rights relating to retirement with consent, and estopped from now asserting that her employment was terminated for reasons other than compulsory redundancy.

The Trustee was, therefore, entitled not to award an unreduced pension to Mrs S.