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Tarmac UK Pension Fund (PO-27670 and additional applicants)

Complainant: Mr D and additional applicants
Complaint Topic: Breach of trust
Ref: PO-27670 and additional applicants
Outcome: Not upheld
Respondent: 1. Tarmac UK Pension Fund
2. Capita
3. The Trustee of the Tarmac UK Pension Fund
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Outcome

The complaints brought by Mr D and the Additional Applicants about events which occurred in 2009, have been referred to The Pensions Ombudsman (TPO) outside of the permitted timeframe in which TPO can normally accept a complaint and so are outside of my jurisdiction.

The complaint concerning Tarmac’s delay in dealing with the matter in 2018, is within my jurisdiction, but I do not uphold that complaint and no further action is required by Tarmac.

Complaint summary

Mr D and the Additional Applicants have complained that Tarmac failed to act in good faith during the course of the consultation period which resulted in the Scheme being closed to further accrual. They say that Tarmac provided insufficient time for them to seek financial advice on whether to accept early retirement and misrepresented its financial position, implying that it was on the brink of collapse, when in fact it and the Scheme have recovered well.

They say that, had they not been pressured to accept early retirement, they would not have done so.

They have also complained about the time it took Tarmac to respond to the complaints.

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