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Local Government Pension Scheme (LGPS) – Southwark Pension Fund (CAS-92836-R6B0)

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Ombudsman’s Determination

Outcome

The complaint is partly upheld against the Council. 

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Whether the BBC’s conduct, in seeking to impose a 1% cap on increases in pensionable salary through the mechanism of Mr Bradbury’s pay award, amounted to a breach of the implied duties (i.e. the implied term of trust and confidence and/or the implied term of good faith) arising from Mr Bradbury’s contract of em …

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Subject

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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Teachers’ Pension Scheme (PO-5653)

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Complaint summary

The School has complained that the Department for Education and Teachers’ Pensions have incorrectly demanded contributions which they say are owed to the Scheme in respect of Ms Rosemarie Stephens for the period 1 September 2002 to 31 March 2012. The School says that they are not liable to pay any employer contributions and interest in respect of Ms Stephens for this period.

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Teachers’ Pension Scheme (PO-8094)

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Complaint summary

Mr Webber previously complained about the recovery of an overpayment of his pension from TP. This matter has been determined and remitted on appeal. The remaining issue before me is the applicable date for recovery of the overpayment and the quantum of the overpayment.

Summary of the Ombudsman’s Determination and reasons

The provisions of the Limitation Act 1980 apply because with reasonable diligence the mistake should have been discovered in the 2002/2003 tax year. The six year time period would run from this date.

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Teachers’ Pension Scheme (PO-3471)

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Complaint summary

Mrs K has complained that the method by which TP has calculated her retirement benefits has resulted in a pension and lump sum lower than she had planned and was expecting.

 

Summary of the Ombudsman’s Determination and reasons

The complaint is upheld against DfE and TP because Mrs K was given misleading information when she asked about the calculation of her pension which she relied on to her detriment. Mrs K was also misinformed about the reason for the change in the calculations which led to a delay in finalising her complaint.

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