Atkins Pension Plan (PO-22082)

Ombudsman’s Determination

Outcome

The complaint shall be partially upheld against the Trustee because:-

• it retrospectively applied Rule 14(a)(i) of a deed of amendment dated 26 May 1989, as amended by a Trust Deed of amendment dated 4 August 1997, in error, when calculating Mr K’s first pension increase; and
• it took an unacceptable amount of time to recognise that it had done so, despite a number of investigations into Mr K’s complaint. The Trustee shall provide redress to Mr K in accordance with the Directions set out in paragraph 64 below.

Complaint summary

Mr K’s complaint concerns the Trustee’s interpretation of ‘proportionality’ and the application of this when calculating his first pension increase. He does not believe that excluding partial months is proportional and says that this has impacted his pension and his spouse’s pension as well.