NHS Pension Scheme (PO-2045)

Subject

Mrs Jenkins’ complaint which is against DoH and McKesson, as employer and administrator of the Scheme, respectively, is that they failed to advise her that an estimate of her retirement benefits which was given to her in September 2011 was incorrect.

Following the abolition of Strategic Health Authorities (SHAs) and Primary Care Trusts (PCTs) on 31 March 2013, Mrs Jenkins’ ex-employer Bristol Primary Care Trust (BPCT) no longer exists. The Department of Health (DoH) has taken on responsibility for any issues arising from the SHAs and PCTs. Therefore the complaint which was initially against BPCT is now against DoH.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint should not be upheld against DoH because it was McKesson, and not BPCT, who provided the incorrect estimate and knew that it was incorrect. The complaint against McKesson should be upheld but only to the extent of non-financial injustice Mrs Jenkins has suffered.