Tyne and Wear Pension Fund - Local Government Pension Scheme (LGPS), the National Health Service Pension Scheme (NHSPS) (CAS-81099-B2P1)

Ombudsman’s Determination

Outcome

1. The complaint should be upheld against the Employer because:-

   1. The Employer had a duty under both contract and common law to prevent Mr K from suffering reasonably foreseeable harm in respect of his ability to transfer to the NHSPS on advantageous Club Transfer terms.

   2. Mr K relied on the Employer to complete necessary administrative tasks in a timely manner in respect of his statutory right to request a transfer of his pension benefits from the LGPS to the NHSPS and to enable him to complete the transfer on advantageous Club Transfer terms. 

   3. The Employer failed to do what was reasonably required of it in respect of those administrative tasks, in breach of its contractual and common law duties to Mr K. 

   4. The Employer’s breach has caused Mr K to lose the ability to complete his transfer on advantageous Club Transfer terms. The Employer is therefore liable for any financial loss Mr K has suffered as a result. 

   5. Mr K has also suffered distress and inconvenience as a result of the Employer’s maladministration. 

Complaint summary

1. Mr K has complained that the Employer failed to provide and complete in a timely manner the documentation required for the transfer of his pension. He said:

   1. The Employer caused delays to the transfer of his pension from LGPS to the NHSPS and as a result he lost the opportunity to transfer his pension on public sector club terms.

   2. To resolve this, he would like the opportunity to transfer his pension on club terms as he was unable to comply with the time limit through no fault on his own, or alternatively to be compensated for any potential financial loss he may suffer if the transfer of his pension is completed on non-club terms.