Teachers' Pensions Scheme (CAS-13504-S4M0)

Ombudsman’s Determination

Outcome

The complaint is partially upheld against TP because:-

• Mrs S has a defence in law to the recovery of £3,755.67 of the overpayment. 
• TP failed to follow up, in a timely manner, queries it had raised with Dorset Local Authority (Dorset LA) concerning discrepancies in Mrs S’ pensionable service and salary history. The delays resulted in the overpayment accruing over a prolonged period. 
• TP did not properly exercise its discretion concerning whether to seek recovery of the overpayment under the principles of unjust enrichment and/or Regulation 114 of The Teachers’ Pensions Regulations 2010 (the 2010 Regulations). TP cannot fetter its discretion as to whether to seek recovery. TP shall consider afresh whether to seek recovery of the overpayment. If it reaches the same conclusion on the matter, it shall recover the overpayment to which Mrs S does not have a defence in law against the recovery of, in accordance with the repayment schedule as set out in paragraph 79.3 of this Determination. 
• TP’s maladministration caused Mrs S to suffer serious distress and inconvenience for which she shall receive an award.

Complaint summary

Mrs S’ complaint concerns an overpayment of pension benefits, amounting to £5,845.35 (net), which TP is seeking to recover using the repayment method.