Central Bureau for Educational Visits and Exchanges Pension Scheme (PO-14290)
Complainant: Ms K
Complaint Topic: Pre retirement increases (revaluation)
Ref: PO-14290
Outcome: Partly upheld
Respondent: 1. Capita ATL Pension Trustees Limited (the Trustees)
2. British Council (BC)
2. British Council (BC)
Type: Pension complaint or dispute
Date:
Ombudsman’s Determination
Complaint Summary
Ms K has complained that the Trustees and BC have unjustly stepped back from their historic practice of revaluing deferred benefits by 5% per annum.
Summary of the Ombudsman’s Determination and reasons
The complaint should be partly upheld against the Trustees and BC because:
- Although BC had the power to amend the Rules, which they did having taken legal advice on the matter, there was a clear representation in a variety of documents and correspondence issued to Ms K over a number of years that revaluation would be fixed at 5% per annum. Finding out that this representation was incorrect would have caused Ms K a serious level of distress and inconvenience which should be recognised.
- However, there can be no estoppel because there are no direct links between the acts taken by Ms K and the misrepresentation.
View determination
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