Thomas Cook UK DC Pension Scheme (CAS-75043-G1Y2)

Ombudsman’s Determination

Outcome

Mrs N’s complaint is partly upheld. I do not find that Aviva or the Trustee need to take any further action at present. However, depending on the final tax treatment of the redress that has already been paid to Mrs N by Aviva, it may be necessary for Aviva, as the party responsible for the maladministration, to take further action to ensure that Mrs N is not placed in an adverse tax position. This is covered below, in the section, “Directions”.

Complaint summary

Mrs N has complained that Aviva delayed the implementation of the pension sharing order (the PSO) in respect of benefits in the Scheme held by her former spouse, Mr N. In the intervening period, the unit prices of Mrs N’s preferred investments increased. Mrs N has asserted that she suffered a financial loss because of the delay in transferring her pension credit (the Pension Credit).