NHS Superannuation Scheme (PO-12005)

Ombudsman’s Determination

Outcome

I do not uphold Mrs H’s complaint and no further action is required by SPPA.

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

Complaint summary

Mrs H, with her husband acting as her representative, is in dispute with SPPA about whether she received a refund of her contributions in respect of a previous period of membership with the Scheme. Mrs H also complains that SPPA did not explain this in a letter sent in 2000, which has meant she missed the opportunity to buy back that period of service.

The Scheme Regulations

The Scheme Regulations in place at the time were the NHS Superannuation Scheme (Scotland) Regulations 1980.(a) an annual pension if –

(iv) he had completed 5 years’ service or he is a person to whom regulation 39(4) or 29(5)(b) applies, and in any such case he has not, within 12 months and without first having become entitled to receive payment of such annual pension, again become an officer”;

Regulation 10 (1) says: “On ceasing to be an officer, a person shall be entitled to receive from the Secretary of State-

Regulation 39 (1) says: “Subject to the following provisions of this regulation, a person who on ceasing to be an officer does not become entitled to receive payment of any other benefit under these regulations and who holds no other employment in which he is an officer shall be entitled to receive from the Secretary of State a return of his contributions…,