The Simons Group Ltd Pension & Life Assurance Scheme (PO-17639)

Ombudsman’s Determination

Complaint Summary

This complaint, which the widow of Mr R (Mrs R) brings in her capacity as an executor of the Estate, concerns the lack of information provided to Mr R in relation to benefits under the Scheme.

In summary, Mrs R’s complaint is that the Administrator, acting on behalf of the Trustees, failed to inform Mr R during his terminal illness that the benefits payable to the Estate, and to her as his widow, would be considerably lower if they were not taken during Mr R’s lifetime.

Summary of the Ombudsman’s Determination and reasons

The complaint is upheld upheld against the Trustees because:

• They failed to follow up on the letter to Mr R of 18 April 2016, to ensure that he had received it.
• They failed to take adequate measures to ensure Mr R understood the significance of the options outlined in the letter. In particular, they failed to explain that if Mr R did not access those benefits before his death, the benefits payable to the Estate, and Mrs R, would be significantly lower.