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Marks and Spencer Pension Scheme (PO-4408)

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Complaint summary

Mrs Crawford has complained that the Trustee provided incorrect information about the application of the state pension deduction (the Deduction) to her pension entitlement.

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Local Government Pension Scheme (PO-3891)

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Complaint summary

Mr Costa says that because his pay was subject to a pay freeze Cardiff should use an alternative method of calculating his final pensionable pay.

Summary of the Ombudsman’s determination and reasons

I do not find in Mr Costa’s favour. Cardiff have correctly interpreted the relevant regulations.

 

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Marks and Spencer Pension Scheme (PO-4443)

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Miss O’Riordan complains that the Trustee provided incorrect information about the application of the state pension deduction (the Deduction) to her pension entitlement. She says that the dispute centres on the difference between ‘payment provision’ in the rules of the Scheme and ‘Benefit Calculation Provisions’.  She feels that because she was already receiving a pension, the Trustee cannot recalculate the benefit and introduce a new reduction.

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Marks and Spencer Pension Scheme (PO-4405)

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Mrs Flynn has complained that the Trustee provided incorrect information about the application of the state pension deduction (the Deduction) to her pension entitlement.

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Thames Water Mirror Image Pension Scheme (PO-4919)

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Dr White has complained that Trustees have not calculated his pensionable remuneration correctly in that they did not include all of his management annual bonus paid to him in July 2012.

Summary of the Deputy Ombudsman’s determination and reasons

The complaint should not be upheld against the Trustees because they had calculated his pensionable remuneration correctly and in accordance with the Scheme rules.

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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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Mrs Haine has complained that as a result of the Trust providing NHS Pensions with incorrect information her pension benefits have been overpaid.

Summary of the Ombudsman’s determination and reasons

The complaint is not upheld. Whilst the Trust’s provision of incorrect information to NHS Pensions amounts to maladministration, there is no financial loss and the Trust’s offer of compensation is sufficient.

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Teachers’ Pension Scheme (PO-2139 and PO-1545)

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Mr Cavanagh objects to TP wishing to recover an overpayment from the estate of Mrs Cavanagh, Mr Cavanagh’s mother, and

Mr Cavanagh disagrees with the calculation of interest and pension increases applied by TP to his mother’s pension.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against TP.  Interest and increases have been correctly calculated, and the overpayment is recoverable by TP.

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Hanson Industrial Pension Scheme (PO-4060)

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Mr Hunt’s complaint is that his pension is lower than it should be because it was wrongly calculated using rules that post-date his employment. Mr Hunt says that since he left employment, the Trustee changed the way pensions were revalued in deferment. He was never informed of the change and he does not believe the Trustee had authority to make it. In his opinion there was a “detrimental modification”, under section 67 of the Pensions Act 1995.

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Teachers’ Pension Scheme (PO-4650)

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Mr Cowan’s complaint against Teachers’ Pensions and the Council is about the errors that were made in the calculation of his pension benefits. He has also complained about the way his enquiries were handled by Teachers’ Pensions.

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