NHS Pensions Scheme (PO-20087)

Ombudsman’s Determination

Outcome

The complaint should be upheld against NHS PSL because of NHS PSL’s maladministration in failing to expedite Mrs S’ application for an ill-health retirement pension, preventing that application from being received by the Secretary of State before 1 April 2015 (the Deadline).

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

Complaint Summary

Mrs S’ complaint against NHS PSL, her employer, concerns the impact of NHS PSL’s actions and omissions on the calculation of her benefits. She considers that, as she submitted her application for an ill health early retirement pension (IHRP) before 1 April 2015, she should have been entitled to higher benefits. This is because her pension would then have been calculated under the National Health Service Pension Scheme Regulations 2008 (the 2008 Regulations). This would have provided an IHRP at a more favourable level than that which she is entitled to under the National Health Service Pension Scheme Regulations 2015 (the 2015 Regulations), which replaced the 2008 Regulations. Mrs S contends that her employer failed to inform her of the transitional provisions with regard to her Tier 2 benefits, and failed to expedite her application to take an IHRP in time for her to take advantage of those transitional provisions.