Plumbing and Mechanical Services (UK) Industry Pension Scheme (PO-27028)

Ombudsman’s Determination

Outcome

Mr E has no defences available to the recovery of the Section 75 Debt. The complaint is upheld to the extent that the Trustee has contributed to Mr E’s distress because of delays in calculating and notifying him of the estimated Section 75 Debt.

Complaint summary

Mr E has complained that:-

· The Trustee is seeking payment from him of a proportionate share of the Scheme’s funding deficit. Mr E argues that the sum, estimated to be £977,000, is not recoverable by the Trustee as recovery is time barred under the Limitation Act 1980. Or, alternatively, under the Prescription and Limitation (Scotland) Act 1973.

· Condition I of the Occupational Pension Schemes (Employer Debt) Regulations 2005 may have already been satisfied before the date of certification of the section 75 debt (the Section 75 Debt). Consequently, the debt is not due.