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Employer did not breach its legal duty when not advising retiring member of future bulk transfer (Mr T PO-25827)

Employer did not breach its legal duty when not advising retiring member of future bulk transfer (Mr T PO-25827)
Published on: 01 November 2019
Published by: LexisPSL
  • Employer did not breach its legal duty when not advising retiring member of future bulk transfer (Mr T PO-25827)
  • Original news
  • Summary
  • What were the facts?
  • What was the Deputy Pensions Ombudsman’s decision?
  • What is the impact of this determination?

Article summary

Pensions analysis: In the determination of Mr T (PO-25827), the Deputy Pensions Ombudsman rejected a complaint by a member of the Principal Civil Service Pension Scheme (PCSPS) that there was a delay in explaining the terms of a bulk transfer and that his employer had a moral and ethical obligation to provide him this information so that he could have made an informed decision about whether to part-retire and take his benefits, or defer taking them until completion of the bulk transfer. The Deputy Pensions Ombudsman found that there was no implied Scally contractual duty on the employer to provide such information and the employer was under no duty to tell the member that he would be better off delaying taking his pension which would have constituted advice. Martin Scott of gunnercooke LLP looks at the decision. or take a trial to read the full analysis.

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