Teachers’ Pension Scheme (PO-5879)

Complaint Summary

Miss Johnston has complained that Teachers’ Pensions are seeking to recover an overpayment from her. Miss Johnston says that Teachers’ Pensions are unable to recover the overpayment on grounds of limitation and, also, because she has changed her position. Miss Johnston also says that Teachers’ Pensions do not have authority to make deductions from her pension in payment to recover the overpayment.

Summary of the Ombudsman’s Determination and reasons

The complaint is not upheld against Teachers’ Pensions. Teachers’ Pensions have a right to recover the overpaid pension from Miss Johnston’s pension in payment. Further, Miss Johnston cannot rely on the defence of change of position and the Limitation Act 1980 does not prevent recovery of the overpayment of pension by Teachers’ Pensions.