The NHS Pension Scheme (PO-3093)

Subject

Mr Jackson has complained that an earnings cap has been applied to his final pensionable pay, thereby reducing the benefits he received. He asserts that he relied to his detriment on incorrect benefit statements which did not apply the cap.

The Pensions Ombudsman’s determination and short reasons

The complaint should be upheld against NHS Pensions because the systems they had put in place for the use of members and employers did not provide any warning that the figures provided may not be correct in particular circumstances. The complaint should also be upheld against the Health Board because they should have been aware that Mr Jackson’s benefits would be affected by the earnings cap.