Pensions Ombudsman Update

The Pensions Ombudsman continues to hand down a number of important decisions. These are relevant for trustees and sponsoring employers of pension schemes and their professional advisers.

Our top takeaways from our latest Pensions Ombudsman Update include:

• Transfers: When is it reasonable to raise a flag?

• A failure of trusteeship and governance: including a reminder on taking investment advice

• Communicating via newsletter? What you need to think about

• Reclaiming overpayments: A further step to add to your processes

Plus - be aware of some recent news and publications from the Ombudsman.

Stop press

The Pensions Ombudsman has now issued its response to the CMG 'competent court' judgment (covered in our Update), and published a useful factsheet. This provides guidance on how overpayment disputes should be managed generally, and confirms steps that it will now take in its Determinations to facilitate the County Court process. In a section called "Future approach", TPO notes that 'the DWP has said that, when possible, it intends to introduce legislation to effect a change formally empowering TPO to bring an outstanding overpayment dispute to an end without the need for a county court order.'

Schemes dealing with overpayment cases should ensure they are aware of the contents of the factsheet.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at December 2023. Specific advice should be sought for specific cases. For more information see our  terms & conditions.