Who should i complain to next.

little_france

I will try and be as brief as possible. I was transferred from the Scottish Public Pensions Agency, NHS Superannuation scheme, because of PFI, to a large private company, that took over the facilities management of the hospital where I work. Throughout the period of my employment I was a shift worker and paid pension contributions on my full salary Unsociable hours or shift allowance were built into my salary, fully pensionable. I stopped contributing to the scheme in 2010, when I reached 65 although carried on working until now, so I have deferred for 4 years. During the first 3 years I had 3 separate quotations, which were around the amounts I would have expected, with RPI and late retirement increases.
My latest quotation has reduced my pension around 20% without explanation, other than, previous quotations were based on incorrect earnings, as advised to the pensions centre. I have written to complain, but as yet had no answer. I have tied making other enquiries, through the HR of my present employer, (as from December 2013 we were taken over by another company). The feedback I am getting is that they are saying, unsociable hours payments should not have been pensionable.There has not been any mention of returning any contributions I have made.
Is there an independent body I can complain to, or Should I seek advice from a IFA or a Lawyer?

dunstonh

Which figure is correct? The old one or the newer reduced one?

Whilst an error can be enormously frustrating and could change your life plans, you do not gain an entitlement to benefit from that mistake. Typically, an inconvenience goodwill gesture of a couple of hundred pounds (if it was a retail scheme) would be the sort of expectation. I had a similar case go to the Ombudsman some years back where the pension provider had supplied incorrect figures for almost a decade. The ombudsman gave the "no entitlement" response but awarded an inconvenience payment that was a bit of a slap on the face. This person had left their job, relocated and retired on the basis of the higher amount. However, it didnt matter.

little_france

Thanks Dunstonh, Under the NHS scheme regular unsociable hours payments are pensionable. I was transferred through TUPE into the defined benefit scheme of the company, which I was told at the time, was broadly the same or if not better than the NHS scheme.

Drp8713

It is exactly as Dunston says, you are entitled to what you are entitled to under the scheme rules.

In this case you are likely due a refund of the contributions paid on a non-pensionable pay element, but nothing more. As he says, you may get up to £300 tops if you went as far as the ombudsman.

I have seen a complaint where due to a typing error £10000 was written as £100000 and the person actually thought they should be due the £90000 in compensation. Obviously i know your case is not like that. Ask for a copy of the scheme rules maybe. From your post above you make it sound like a by anology scheme

xylophone

To which body have you complained and received no answer?

Have you asked for a complete breakdown of the figures from the administrator of your deferred pension?
http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=185&Itemid=702 might be worth a look.

hyubh

little_france wrote: »

Thanks Dunstonh, Under the NHS scheme regular unsociable hours payments are pensionable. I was transferred through TUPE into the defined benefit scheme of the company

In which case, what do you have - a large NHS pension + a small private sector DB pension, or one large private sector DB pension? In other words, did your NHS scheme membership transfer to your new private sector DB scheme when you joined the latter?

An aside, but strictly speaking TUPE in itself does not involve the protection of pension rights - rather, that is an 'extra' under Fair Deal legislation for public sector employees. 'Broadly comparable' is also a technical term with a specific definition in law, so if you're interested in pursuing the line that the benefits in the new scheme were not in fact broadly comparable I'd try and get a copy of of the original assessment that judged otherwise.