The Civil Service Pension Arrangements – Alpha (PO-21027)

Ombudsman’s Determination

Outcome

The complaint is upheld because:-

· The funded EPA formed part of the deal offered by the MOD in return for the Defence Police Federation, (the DPF), agreeing to other changes to the terms and conditions of employment. Agreement was reached for this to take effect from 1 April 2016. Failure to fund the EPA amounts to breach of contract.

· The MOD gave Mr R the reasonable expectation that it was implementing the funded EPA. However, it failed to do so and the failure amounts to maladministration justifying a separate and additional award for non-financial injustice.

Complaint summary

Mr R has complained that:-

· The MOD reneged on its alleged contractual commitment to finance the cost of his effective pension age (EPA) election.

· He was given misleading information that indicated the MOD had arranged to finance a retrospective EPA election.