The Central Bureau for Educational Visits and Exchanges Pension Scheme
(PO-14432)

Ombudsman’s Determination

Complaint Summary

Miss L has complained that the Trustees and BC have unjustly stepped back from their historic practice of revaluing deferred benefits by 5% per annum.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against the Trustees and BC because:

• Although BC had the power to amend the Rules, which they did having taken legal advice on the matter, there was a clear representation in a variety of documents and correspondence issued to Miss L over a number of years that revaluation would be fixed at 5% per annum. Finding out that this representation was incorrect would have caused Miss L a serious level of distress and inconvenience which should be recognised.
• However, there can be no estoppel because there are no direct links between the acts taken by Miss L and the misrepresentation.