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Northern Ireland Local Government Officers’ Superannuation Scheme (PO-7511)

Complainant: Mrs Alice Lennon
Complaint Topic: Transfers: club transfers
Ref: PO-7511
Outcome: Not upheld
Respondent: South Eastern Education and Library Board
Type: Pension complaint or dispute
Date:

Complaint summary

Mrs Lennon previously complained to our service, leading to a determination on 14 May 2014. The matter has subsequently been heard by the Northern Ireland Court of Appeal and remitted for reconsideration. Mrs Lennon’s complaint remains that SEELB:

  • did not advise her of the option of a pension transfer when she commenced employment with them in September 1992 and specifically did not inform her that there was a time limit of 12 months for her to make an application for a transfer on a transfer club basis; and
  • have failed to exercise their discretion to allow a retrospective transfer; and
  • acted incorrectly in completing an application form without her consent.

Summary of the Ombudsman’s determination and reasons

My decision is that Mrs Lennon’s complaint cannot proceed because it has been brought outside the time limits set out in the Regulations governing our service and it would not be appropriate to exercise the discretion to extend those time limits in all the circumstances, including that any remedy directed would not be available in the courts.

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