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Firefighters’ Pension Scheme (PO-15168 and PO-15171)

Complainant: Mr H and Mr N (the Applicants)
Complaint Topic: Failure to provide information/act on instructions
Ref: PO-15168 and PO-15171
Outcome: Upheld
Respondent: 1. Rhondda Cynon Taff
2. South Wales Fire & Rescue Service
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Complaint Summary

The Applicants have complained that they were not informed by either RCT or SWFRS that if they retired from their employment as a Wholetime Duty Firefighter (WDF), taking advantage of their protected pension age (PPA), undertaking other linked employment within 30 days of retirement would invalidate their PPA.

As a result, their ongoing or subsequent employment as Retained Duty Firefighters (RDF) forfeited their entitlement to a PPA, and the pension payments received up until age 55, were deemed unauthorised payments, and subject to unauthorised payment tax charges.

Summary of the Ombudsman’s Determination and reasons

The complaint brought by Mr N is upheld against SWFRS because it misinformed him of his entitlement to tax free cash.

The complaint brought by Mr H is upheld because SWFRS failed to act with reasonable care and skill when informing him of his pension entitlement.

 

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