Hilton UK Pension Plan (PO-4774)

Complaint summary

Ms Berry has complained that her brother was denied the opportunity to transfer his Plan benefits to his SIPP before he died.

Ms Berry wants to be paid the difference between what she has received following Mr Berry’s death and what would have been paid as a transfer value.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against Hymans Robertson because;

• the request received from Mr Berry’s financial adviser was for a serious ill health lump sum – it did not amount to a transfer request;
• while Hymans Robertson response was delayed there is insufficient evidence to say, more likely than not, that Mr Berry wanted to transfer his benefits in the Plan to his SIPP.

The complaint against the Trustees should not be upheld because:

• they exercised discretion and paid Ms Berry the serious ill health lump sum that they would have paid Mr Berry;
• they reimbursed her the interest she had incurred on her late brother’s mortgage as a consequence of the payment of two lump sums, thereby putting her in the position she would have been in if the first payment had been for the right amount; and
• they paid her £250 for distress and inconvenience, which was reasonable in all the circumstances.