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Complainant: Ms T
Complaint Topic: Interpretation of scheme rules/policy terms
Ref: PO-24129
Outcome: Partly upheld
Respondent: NHS Business Services Authority
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Outcome

Ms T’s complaint against NHSBSA is partly upheld, but there is a part of the complaint I do not agree with. To put matters right, for the part that is upheld, NHSBSA should make an award to Ms T in respect of the serious non-financial injustice caused to her.

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

Complaint summary

Ms T disagrees with NHSBSA’s decision that she is not entitled to retain special class status (SCS). Ms T maintains that she has always worked in positions that have involved direct contact with patients, requiring her to be a first level registered nurse.

When making plans for her retirement, Ms T says she relied on pension estimates and statements provided by NHSBSA, which indicated that she held SCS. NHSBSA later withdrew it without consulting her. The withdrawal of the status has significantly impacted her retirement plans.

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