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Teachers' Pension Scheme (CAS-37350-K2Y4)

Complainant: Mrs N
Complaint Topic: Benefits: overpayment (recovery of)
Ref: CAS-37350-K2Y4
Outcome: Partly upheld
Respondent: Teachers' Pensions (TP)
North Yorkshire County Council (NYCC)

Type: Pension complaint or dispute
Date:
Appeal: No

Ombudsman’s Determination

Outcome

  1. Mrs N’s complaint against TP and NYCC is partly upheld. To put matters right, Mrs N shall be paid £3,000 in respect of the non-financial injustice she has sustained as a consequence of their maladministration. £2,000 of this payment shall be made by TP and the remaining £1,000 by NYCC.

  2. TP was, however, correct to reduce the pension to the level provided for in the Teachers’ Pensions Regulations 2010, which govern the Scheme on discovery of the overpayments. The past overpayments of lump sum and pension are recoverable.

Complaint summary

Mrs N’s complaint concerns the overpayment of her retirement benefits amounting to £15,681.79. TP is seeking to recover the overpayments by monthly deductions from her future pension payments. She has said that its delays in clarifying her service record with NYCC resulted in a much higher total overpayment, than she would have incurred, had it completed its investigations within a reasonable timeframe.

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