NHS Pension Scheme (PO-12338)

Ombudsman’s Determination

Outcome

Mr D’s complaint against the Trust is partly upheld, but there is a part of the complaint I do not agree with.

In my opinion, the Trust are responsible for failing to declare Mr D’s pensionable pay correctly to the Scheme. However, because Mr D had been made aware of their error by the Scheme, I do not consider he can show that he reasonably relied upon the accuracy of the information which the Trust provided when he decided to retire.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mr D complains that the Trust provided NHS Pensions with an inflated pensionable pay figure for the period 1 June 2009 to 31 May 2010 which NHS Pensions used to calculate the retirement benefits available to him from the Scheme. As a consequence of the Trust’s mistake, the actual pension and tax free lump sum payable to him were significantly lower than anticipated.

In order to put matters right, Mr D contends that he should be compensated by the Trust and receive the level of retirement benefits he was originally promised.