Mark Blyth
- Claire Collier - Simon Borhan - Sarah Opie - Joe Chambers - Jessica Smith
Pensions - Dispute Resolution
Pensions Ombudsman Focus Spring 2024 edition
Welcome to the Pensions Ombudsman Focus for the Spring 2024 period. In this edition, we look at seven recent complaints to the Pensions Ombudsman, including:
- a decision in which the Ombudsman found that a professional trustee was responsible for the financial loss caused by its failure to consider whether the proposed investment of scheme assets was appropriate;
- a decision in which the Ombudsman concluded that a former participating employer remained liable for a Section 75 debt despite notification and certification delays;
- a decision which considers the correct process for trustees to follow regarding distribution of surplus;
- a decision which considers the processes trustees and administrators should follow to identify and act upon risks identified as part of their due diligence in respect of fraudulent activity;
- a decision showing how the Ombudsman will approach the issue of determining whether maladministration has caused a member financial loss;
- a decision which considers the process trustees and administrators should follow when communicating timeframes for transfers to members, especially where administrators need to complete further due diligence; and
- the first decision of the Ombudsman in relation to recovering overpayments, following the Court of Appeal’s decision that the Ombudsman is not a “competent court”.