Pensions Ombudsman determination tracker

The following Pensions practice note provides comprehensive and up to date legal information covering:

  • Pensions Ombudsman determination tracker
  • Abatement
  • Additional voluntary contributions
  • Auto-enrolment
  • Construction of scheme rules
  • Contracting out
  • Costs and charges
  • Death benefits
  • Disclosure
  • Discrimination
  • More...

Pensions Ombudsman determination tracker

The entries in this tracker are organised by topic, alphabetically. These topics are listed in the Table of Contents (to the left of the page).

WARNING: The Pensions Ombudsman’s determinations are useful as guidance, but the decisions are not binding precedents, whether on the same Pensions Ombudsman or his or her successor. Decisions of the court are binding on the Pension Ombudsman, unless they can be distinguished in the factual situation he faces. For some key themes from recent Pensions Ombudsman determinations, see Practice Note: The Pensions Ombudsman—key themes from the determinations.


PO ReferencePartiesSubjectPO News report
Mrs N [PO-18629]

14 December 2018
Complainant: Mrs N

Respondents: NHS Lanarkshire and Scottish Public Pensions Agency

Scheme: NHS (Scotland) Superannuation Scheme
A member of the Scottish NHS scheme complained about the abatement of her pension due to her continuing to be employed by the NHS after retirement. Mrs N claimed to be a ‘worker’ and not an ‘employee’, arguing abatement did not apply to her benefits. Abatement applies where NHS earnings plus the scheme pension exceeds the pensionable earnings prior to retirement.

However, the Pensions Ombudsman held that the employment law distinction between ‘worker’ and ‘employee’ did not apply under the relevant NHS regulations. As no other defences against recoupment were found to apply, the overpayment was recoverable.

Outcome: Not upheld
Abatement—no distinction between

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