BASF UK Group Pension Scheme (PO-11039)

Ombudsman’s Determination

Outcome

Mr S’ complaint is upheld and to put matters right BASF should make the discretionary decision afresh, without taking into account Mr S’ pre-employment medical or the questionnaire, and pay Mr S £500 for the significant distress and inconvenience he has suffered.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mr S’ ill health retirement has been refused at his employer, BASF’s, discretion, despite the Trustees agreeing that he meets the permanent incapacity criteria set out in the Scheme Rules. He has complained that BASF has not properly exercised its discretion, and that there was no clear process for appealing the decision not to award him ill health retirement.