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Articles by Charlotte Scholes
Pensions Ombudsman confirms no obligation to refund excess employer contributions following error
The determination concerned a complaint brought by a member of a self-invested personal pension (SIPP) who sought a refund of a £180,000 employer contribution after it triggered a significant annual allowance tax charge. The complaint arose after an employer contribution of £180,000 was paid into the member’s SIPP in June 2023. The member believed that sufficient annual allowance could be carried forward from previous tax years to avoid an additional surcharge.
Pensions Ombudsman confirms entire SIPP may be disinvested on first instruction following member’s death
The determination also confirms that instructions are to be given by the beneficiary in this regard and not by the executor of the member’s estate. This is helpful confirmation that providers can act - where contrary provision in the scheme rules do not exist – without seeking instructions from all beneficiaries. The Ombudsman’s decision shows that fair and workable administration can take priority over preserving every opportunity for investment growth.
High Court highlights power of contemporaneous evidence in pensions rectification
A recent decision by the High Court of England and Wales highlights the inherent risks involved in adapting scheme precedent documentation and that compelling evidence remains the foundation of successful pension rectification claims. The High Court granted rectification of two deeds after ruling that a restriction on the second scheme’s power of amendment was included in error.
Pension Ombudsman holds independent trustee accountable for financial loss caused by high-risk investments
The ruling comes in the wake of earlier findings around similar complaints, with the PO confirming the need for a robust and clearly defined approach to independent trustee duties when accessing unregulated alternative investments.
Pensions Ombudsman highlights that final bonus rates are ‘inherently variable’
The decision (PDF 6 pages / 501 KB) determined that although delays caused by the scheme administrator amounted to maladministration, they did not lead to financial losses or injustice. The dispute involved Mr H, who complained that delays by Aviva in processing his retirement claim resulted in a significant reduction in his final bonus, causing an alleged financial loss of £1,588.40.
Pensions Ombudsman highlights importance of documenting contractual pension benefits in scheme rules
In the decision (69 pages / 4.5MB), the PO criticised the employer for failing to adequately document and maintain the employee’s contractually entitled pension benefits for almost 18 years despite earlier promises that it would “mirror” the benefits he had received under previous schemes. The dispute involved Mr H, who joined the Olsy Pension Scheme (the Olsy Scheme) on 1 September 1981, when he was employed by British Olivetti Limited.
Pensions Ombudsman to focus on complex case backlog
The PO recently published its annual report (128 pages / 5.3 MB) setting out focus areas for the coming year. The report and accounts revolve around PO activity for the year to 31 March.
UK Pensions Ombudsman to launch expedited decision-making for complaints
In a recent blog post, the PO said it was currently piloting expedited decision-making at the ‘assessment’ and ‘resolution’ stages of its pension complaints process. Following a pilot launched in the summer, the PO aims to roll out expedited decision-making more broadly before the end of October. The new scheme is part of the PO’s ongoing ‘operating model review’ aimed at improving its current operating model.
Court Of Appeal Clarifies Approach To Recoupment Of Overpayments
The Court of Appeal's ruling in The Pensions Ombudsman v (1) CMG Pension Trustees Limited and (2) CGI IT UK Limited [2023] EWCA Civ 1258 1 November 2023 follows the decision of Mr Justice Leech in 2022 that the Pensions Ombudsman (TPO) is not a "competent court" (the High Court decision was covered in our insight of October 2022) for the purposes of section 91(6) of the Pensions Act 1995.
Court of Appeal clarifies approach to recoupment of overpayments
The Court of Appeal's ruling in The Pensions Ombudsman v (1) CMG Pension Trustees Limited and (2) CGI IT UK Limited [2023] EWCA Civ 1258 1 November 2023 follows the decision of Mr Justice Leech in 2022 that the Pensions Ombudsman (TPO) is not a "competent court" (the High Court decision was covered in our insight of October 2022) for the purposes of section 91(6) of the Pensions Act 1995.
TPO Finds In Favour Of Trustee In Delay Complaint Arising Under New Transfers Regime - Retirement, Superannuation & Pensions - UK
The Pensions Ombudsman (TPO) recently published its first determination under the pension transfer regulations which were introduced in November 2021. This determination offers welcome guidance on the approach TPO is likely to take to complaints made under the new regulations. TPO considered when trustees can reasonably consider that an overseas transfer amber flag applies.
Pensions Disputes (Video) - Retirement, Superannuation & Pensions - UK
This webinar will look at all the tools we can deploy to resolve issues and avoid disputes. In the Pensions Disputes team, it is our role to work with all parties to resolve issues and avoid disputes in a pragmatic and commercial way. We will look at the typical challenges that might arise as a scheme prepares for a risk transfer and how we can resolve those issues without impacting the risk transfer project timeline Maddy Frost: Good afternoon to those who have joined us.
High Court Rules Against BBC On Its Pension Plans
The High Court has recently decided that restrictions in the rules of the BBC Pension Scheme mean there is a limited ability to make changes to future service benefits. Although the decision is significant for the BBC, which has been looking to cut its pension costs, only time will tell whether the judgment will have a wider impact. That will depend on whether other pension schemes contain similar restrictions to those found in the amendment power of the BBC Pension Scheme.
Court issues new ruling on forfeiture, recoupment and the Pensions Ombudsman's reach
The circumstances in which trustees of occupational pension schemes can or should treat historic underpayments as forfeit have become a focus of attention following the decisions of the High Court in Lloyds and Axminster. Being able to treat unpaid benefits and pension instalments as forfeit can be a useful tool in scheme administration and help employers and trustees to mitigate some of the financial consequences of historic errors in making rule amendments.
Scheme Sessions Volume 1.2022
To print this article, all you need is to be registered or login on Mondaq.com. In our third and final session in the series, we review the basics of good governance, including decision making, managing conflicts, trustee minutes and ways to mitigate risk. We identify some of the common pitfalls we see in practice and the potential consequences when mistakes are made.
Court Of Appeal Overturns High Court Decision In Britvic On Pension Increase Provision
To print this article, all you need is to be registered or login on Mondaq.com. In January 2020, His Honour Judge Hodge QC ("HHJ Hodge") was asked to construe the pension increase rule in the Britvic Pension Plan (the "Plan"), which gave Britvic plc ("Britvic") a power to choose "any other rate" than the default rate under the Plan's rules.
Pink Week 2021: How student societies have met the challenges of a pandemic
As this year’s Cambridge Pink Week approaches, Anna Gray and Charlotte Scholes emphasise the importance of student societies and fundraising during Covid-19 CAMBRIDGE PINK WEEK by Anna Gray & Charlotte Scholes Bar crawls, taster sessions, bops and swaps first entice new members to student societies in Cambridge…in any normal year that is. In 2020, these Michaelmas staples were replaced by virtual formals, household pub quizzes and increasingly frequent walk-and-coffee trips.
Employers, Trustees And Part 8 Claims – What Do You Need To Know? - Employment and HR - Canada
Canada: Employers, Trustees And Part 8 Claims – What Do You Need To Know? 21 January 2021 by Ian J Gordon and Charlotte Scholes Gowling WLG Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. A Part 8 claim is a court process for resolving (amongst other things) issues of doubt relevant to the administration of a pension scheme.
Rectification - What Is It And What Do You Need To Know? - Employment and HR - Canada
To print this article, all you need is to be registered or login on Mondaq.com. Rectification is a remedy exercised in the court's discretion to re-write mistaken wording in a legal document so that it accords with what the parties to the document had intended. In a pensions context, rectification is often, but not always, sought by the employer and the document is usually a deed or the rules of the scheme.
Rectification - what is it and what do you need to know? | Lexology
Rectification is a remedy exercised in the court's discretion to re-write mistaken wording in a legal document so that it accords with what the parties to the document had intended. In a pensions context, rectification is often, but not always, sought by the employer and the document is usually a deed or the rules of the scheme.
The Month In Pensions – November 2020 – Are You Ready For Cyber Scams? - Employment and HR - Canada
To print this article, all you need is to be registered or login on Mondaq.com. In The Month In Pensions for November 2020, we focus on two related and increasingly intertwined areas – pension scams and cyber crime - and ask are you ready for cyber scams? Ian Chapman-Curry is then joined by Charlotte Scholes, a principal associate in our specialist pension disputes team, to discuss the latest on GMP equalisation with the third judgment on Lloyds.
Spotlight On The Pensions Ombudsman
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