Subject

Mr Milne’s complaint is that he has suffered a loss as GAD:

Complaint summary

Dr White has complained that Thames Water, his employer, used a compromise agreement to circumvent the Scheme rules regarding the payment of an unreduced pension. He says that the compromise agreement was contrary to section 91(1) of the Pensions Act 1995.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld because Dr White has maintained his accrued (reduced) pension rights but waived any prospective entitlement to an unreduced pension through a valid compromise agreement.

Complaint summary

Mr Firth has complained that Edwards Ltd, his previous employer, introduced a new method of calculating the enhanced pension on redundancy which prevented him from taking his deferred pension without actuarial reduction.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against Edwards Ltd. This is because their consent to the payment of an enhanced pension on redundancy was conditional on the deferred pension being taken at the same time as the additional annual pension (AAP).

Complaint summary

Dr Kenworthy complains that the Trustees and Trigon, the current Administrator and Actuary of the Scheme, have not calculated the retirement pension available to him correctly in accordance with the consolidated Scheme’s Trust Deed and Rules (the Rules) and existing sex equality legislation.

Summary of the Ombudsman’s Determination and reasons

The complaint should not be upheld against the Trustees and Trigon because I consider that:

Complaint summary

Mr Tutt has complained that the Council, the administering authority for the Scheme, have failed to correctly calculate his pension entitlement.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against the Council, as, although Mr Tutt’s pension benefits have been correctly calculated, there were delays in responding to the second stage IDRP and to our service which did cause Mr Tutt some significant distress and inconvenience and for which he should be compensated.

Complaint Summary

Mrs Smith’s complaint is that the conduct of the Rent Service (her previous employer, for whose activities the DWP is now responsible) involved maladministration, as it made a pension offer conditional on her signing a draft compromise agreement (the Compromise Agreement) which included a clause compromising any claim in relation to underpayment of wages when it was aware that she had an outstanding claim for unpaid wages.

Complaint summary

Mr Loasby has complained that the Trustees provided him with an incorrect quotation of his benefits from the Scheme and reduced his pension when the error was discovered.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against the Trustees because Mr Loasby is not entitled to the incorrect pension he was receiving. The Trustees have written off the overpayment and this amounts to sufficient compensation for the loss caused to Mr Loasby.

Complaint summary

Mr Wightman has complained that the Council has refused to comply with the stage two Internal Dispute Resolution Procedure determination dated 24 November 2010. To put matters right the Council should provide him with the benefits set out in the stage two Internal Dispute Resolution Procedure determination dated 24 November 2010.

Complaint summary

Mrs Layfield’s complaint which is against Johnson Controls and the Trustees is that she has not been granted an unreduced early retirement pension under the Scheme.

Summary of the Ombudsman’s Determination and reasons

1. The complaint should not be upheld against Johnson Controls and the Trustees because:
   1. the Trustees applied the rules of the Scheme correctly in considering Mrs Layfield’s complaint; and
   2. it was not maladministration for Johnson Controls to withhold their consent.

Complaint summary

Mr Vose complains that the Trustees and Allianz decided incorrectly not to award him an additional five years’ pensionable service in the Cornhill Fund for his period of employment as an engineer apprentice.