Olivetti UK Limited Pension and Life Assurance Scheme (CAS-50353-Y4X5)

Ombudsman’s Determination

Outcome

The complaint/dispute is upheld against The Trustee and the Employer. 

There has been maladministration and breach of law by the Employer in:

a) failing to procure that Mr H was entitled to mirror benefits in the New Scheme to those he was entitled to in the Previous Scheme, with effect on and from the date he joined the New Scheme, in accordance with the contractual commitment given to Mr H at the time he agreed to transfer his Previous Scheme benefits to the New Scheme; and

b) failing to document the contractual commitments given to Mr H for a period of almost 18 years and, on discovering the failure, seeking to avoid those commitments in breach of contract.

There has also been breach of trust (but no maladministration as the Trustee took and followed legal advice) by the Trustee in:

a) failing to grant the benefits promised in return for the transfer payment made in respect of Mr H under the transfer-in rule in relation to the period on or after 22 May 2017; and

b) failing to administer the New Scheme in accordance with the New Scheme rules in relation to the period after 22 May 2017 in respect of the transferred in benefits. 

Complaint summary

Mr H complains that increases to his Pre-6 April 1997 pension under the New Scheme are not what he was told he would receive following the transfer of his benefits from an occupational pension scheme then known as the Olsy Pension Scheme (the Previous Scheme) with effect from 1 January 1998.