Pensions Ombudsman determination

Peoples Pension · CAS-44724-J7B0

Complaint upheldRedress £1,0002022
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Verbatim text of this Pensions Ombudsman determination. Sourced directly from the Pensions Ombudsman published register. The Pensions Ombudsman is a statutory tribunal — its determinations are public record. Not an AI summary, not a paraphrase.

Full determination

CAS-44724-J7B0

Ombudsman’s Determination Applicant Mr R

Scheme The People’s Pension (the Scheme)

Respondent Cooler Tech Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

On 15 January 2020, Mr R brought his complaint regarding the unpaid pension contributions to The Pensions Ombudsman (TPO).

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Caseworker’s Opinion

• The Caseworker said that she had no reason to doubt the information provided by Mr R. So, in the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Mr R’s salary, that had not been paid into the Scheme. In addition, the Employer had not paid any of the employer contributions that were due over the same period. As a result of its maladministration, Mr R was not in the financial position he ought to be in.

• In the Caseworker’s view, Mr R had suffered serious distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the view that an award of £1,000 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

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Directions

(i) pay Mr R £1,000 for the serious distress and inconvenience he has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr R’s pay in respect of the period of his employment. The Schedule shall also include the corresponding employer contributions that were due to the Scheme; and

(iii) forward the Schedule to Mr R.

(i) pay the missing contributions to the Scheme;

(ii) establish with the Scheme whether the late payment of contributions has meant that fewer units were purchased in Mr R’s Scheme account than he would have otherwise secured, had the contributions been paid on time; and

(iii) pay any reasonable administration fee should the Scheme administrator charge a fee for carrying out the above calculation.

Within 14 days of receiving confirmation from the People’s Pension of any shortfall in Mr R’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter

Pensions Ombudsman 24 October 2022

3 CAS-44724-J7B0 Appendix Date Employee contributions Employer contributions

26 April 2019 £79.52 £59.64

31 May 2019 £79.52 £59.64

28 June 2019 £79.52 £59.64

26 July 2019 £79.52 £59.64

29 August 2019 £79.52 £59.64

27 September 2019 £79.52 £59.64

25 October 2019 £30.29 £22.72

Total £507.41 £380.56

Total £887.97

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