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NHS Superannuation Scheme (PO-15229)

Complainant: Mrs N
Complaint Topic: Benefits: incorrect calculation
Ref: PO-15229
Outcome: Partly upheld
Respondent: Scottish Public Pensions Agency
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Outcome

Mrs N’s complaint is partly upheld and to put matters right SPPA shall pay interest on the refund of contributions in line with Regulation T10(3), and pay Mrs N £500 for significant distress and inconvenience.

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

Complaint summary

Mrs N has complained that there is a discrepancy between the pension contributions she pays, and her colleagues who are on the same pay grade as her but work between Monday and Friday. Mrs N says that when she joined the Scheme, she received complete parity with her colleagues in regard to her pension contributions and pension accrual, with both her contributions and her benefits being 70% of a full-time member. She says this parity has not continued since the introduction of contribution bandings in 2008, and she is now paying a higher percentage of contributions than her weekday colleagues. As a result of this, Mrs N says that she is receiving a lower proportion of a full-time member’s pension accrual, compared to her contributions.

While investigating Mrs N’s complaint SPPA have amended her whole time equivalent (WTE) pensionable salary which has reduced her annual pension entitlement causing her a loss of pension benefits. Mrs N says that this has not only continued the disparity between her and her weekday colleagues, but has created further disparity between her and a full-time member earning the same WTE as her. Mrs N wants her WTE pensionable salary calculated as it was before SPPA amended it and her contributions to be at the same proportion as her colleagues.

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