NHS Pension Scheme (PO-16486)

Ombudsman’s Determination

Complaint Summary

Dr I has complained that that he was not informed that an actuarial reduction would be applied to the added years’ element of his Scheme pension, prior to him applying to take his benefits. He has also complained that he was incorrectly told, in March 2016, that his application could not be withdrawn although he had not yet begun to receive the benefits.

Summary of the Ombudsman’s Determination and reasons

The complaint should be upheld against NHSBSA because:-

• NHSBSA provided Dr I with incorrect information and this amounts to maladministration. Because of the maladministration, Dr I will incur a financial loss from age 65.
• Therefore, NHSBSA should put Dr I back, as closely as is now possible, to the position he would have been in but for the maladministration.

Detailed Determination

Material facts

Dr I was a member of the 1995 section of the Scheme and his normal retirement age was 60. In 1999 Dr I began contributing to an added years’ arrangement alongside his main Scheme pension. He elected to take the added years’ pension at age 65.

In anticipation of a reduction in the lifetime allowance from £1.25 million to £1 million from 6 April 2016, Dr I applied to take his Scheme benefits from 3 April 2016. He was aged 61 at the time.