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NHS Superannuation Scheme (Scotland) (PO-12324)

Complainant: Mr S
Complaint Topic: Pension liberation
Ref: PO-12324
Outcome: Not upheld
Respondent: Scottish Public Pensions Agency
Type: Pension complaint or dispute

Ombudsman’s Determination

Complaint Summary

Mr S has complained that SPPA did not carry out sufficient due diligence checks when he applied to transfer his benefits in the NHS Scheme to the Capita Oak Pension Scheme (the Capita Oak Scheme). If SPPA had carried out sufficient due diligence it would have noted that:

  • the Sponsoring Employer, RP Redplant Limited, was bogus and did not exist, it was not registered in this country but was registered in Cyprus as a dormant company;
  • he was not an employee of the company nor did it have any employees; and
  • there were no directors of the trustee company, Imperial Trustees Services Ltd (ITSL) at the time of the transfer.

If these checks had been carried out, as recommended by The Pensions Regulator (TPR), the transfer would not have taken place. Mr N is seeking to recover his lost pension assets.

Summary of the Ombudsman’s Determination and reasons

The complaint is not upheld against SPPA because it did provide Mr S with a warning about the possibility of pension liberation and the checks it carried out on the Capita Oak Scheme were in accordance with standard practice at the time.

View determination


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