Sun Microsystems Limited Retirement and Death Benefits Scheme (PO-6622)

Ombudsman’s Determination

Complaint Summary

Mr D has complained that Oracle (incorporating Sun Microsystems Limited (Sun)), his former employer, significantly underpaid his pension contributions into the Scheme:

• whilst he was receiving benefits from the company’s Permanent Health Insurance Scheme (PHI Scheme) from December 2001 until 23 May 2013, his Normal Retirement Date (NRD) in the Scheme; and
• for the period from his NRD until 9 July 2014, whilst he remained its employee, which included a three month notice period commencing 9 April 2014, the date his employment with Oracle was terminated in accordance with the Settlement Agreement.

Benefits arising from the PHI Scheme which do not relate to the Scheme are outside of my jurisdiction, therefore, I can only consider the contributions payable to the Scheme and not any other benefits from the PHI Scheme.

Summary of the Ombudsman’s Determination and reasons

Mr D’s complaint should be upheld and further action is required from Oracle to put matters right.

My reasons for reaching this decision are explained in more detail below.