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Local Government Pension Scheme (PO-6315)

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Complaint summary

Ms Thomson complains that the Council did not consider her applications for ill-health early retirement from deferred LGPS membership and for early retirement on compassionate grounds.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint should be upheld against the Council because Ms Thomson was not given an opportunity to consent to release her medical records so that her ill-health application may be reconsidered.

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Alliance Trust Full SIPP (PO-3976)

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Mr Morton’s complaint against Alliance and Curtis Banks is that he has suffered a financial loss as a result of their failings with regard to the transfer of funds.

 Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against Alliance because they were not involved in the sale of the Marlborough holding or the purchasing of iShares.

The complaint should be upheld against Curtis Banks because there were delays on their part in the sale of the Marlborough holding and the purchase of iShares.

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The FundsNetwork SIPP (PO-3127 and PO-3748)

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Mr Houghton and his wife, Dr Houghton, complain that Fidelity, the transferring scheme manager, and EBS, the receiving scheme administrator, arranged the transfer of the fund value without authority of their own accord and as cash, not in specie as intended.

Summary of the Ombudsman’s determination and reasons

The complaint should be upheld against EBS because they sent a letter that Fidelity reasonably understood as a request for a cash transfer.

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Local Government Pension Scheme (PO-4150)

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Complaint summary

Mr X has complained that the Council have not properly considered his eligibility for ill health retirement.

Summary of the Ombudsman’s determination and reasons

The complaint should be upheld against the Council because they failed to consider Mr X’s eligibility for benefits under Regulation 20 in a proper manner; in particular, they failed to make a decision under Regulation 20(1).

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Local Government Pension Scheme (PO-3393)

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In essence, Mrs Greene’s complaint is that she has been refused ill health retirement from the date her employment with the Council ended.

Summary of the Ombudsman’s determination and reasons

The complaint should be upheld because the Council failed to obtain the information they needed to reach a properly informed decision.

The complaint is not upheld against SYPA.

 

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Ms Williams’ complaint about NHS Pensions, the managers of the Scheme, is that they should re-instate her Special Class status (SCS) under the Scheme which she says was removed in 2004. She adds that she has believed over the last 36 years that she qualified for SCS and planned accordingly.

The Pensions Ombudsman’s determination and short reasons

I find in Ms Williams’ favour. The nature of her work means that she does in fact qualify for SCS.

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Scottish Widows personal pension (PO-3250)

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Mr Vithlani complains that Scottish Widows do not accept that he is the beneficial owner of the Policy.

Summary of the Ombudsman’s determination and reasons

I find in Mr Vithlani’s favour because the evidence is that he and the person to whom the policy relates are the same.

 

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Local Government Pension Scheme (PO-4378)

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Miss Marshall has complained that Barnsley have refused her request to allow the late transfer of the pension benefits from previous employments.

Summary of the Ombudsman’s determination and reasons

The complaint should be upheld because Barnsley did not take proper account of all relevant factors in deciding whether to extend the period for transfer.

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Local Government Pension Scheme (PO-2595)

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Mr Jones has complained that Ealing have failed to fulfil their obligations under Transfer of Undertakings (Protection of Employment) (TUPE) legislation and associated statutory provisions with regards to his pension; namely, the , the Code of Practice on Workforce Matters in Local Authority Service Contracts and the Cabinet Office Statement of Practice.

The Pensions Ombudsman’s determination and short reasons

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