Nhs Pension Scheme · CAS-54043-T7D4

CAS-54043-T7D4

Ombudsman’s Determination Applicant Dr T

Scheme NHS Pension Scheme (the Scheme)

Respondent NHS Business Services Authority (NHS BSA)

Outcome

Complaint summary

Background information, including submissions from the parties and timeline of events The sequence of events is not in dispute, so I have only set out the salient points. I acknowledge there were other exchanges of information between all the parties.

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• Dr T had been automatically enrolled in the Scheme by his employer on the date his employment started.

• Dr T was not entitled to a refund of his contributions as he had more than two years' qualifying service.

Adjudicator’s Opinion Dr T’s complaint was considered by one of our Adjudicators who concluded that no further action was required by NHS BSA. The Adjudicator’s findings are summarised below:-

• The Adjudicator noted that Dr T disputed the date his qualifying service in the Scheme commenced. Dr T said that this was in February 2017, when pension contributions were first deducted from his pay. The Adjudicator was not persuaded that this was the case. He took the view that Dr T’s qualifying service started when his employment with GOSH began on 19 December 2016. At this point, his employer auto-enrolled him in the Scheme, as required by legislation.

• It is normal for there to be a delay between when a member joins a scheme and when contributions are first deducted from the member’s pay.

• The commencement of qualifying service was not, in the Adjudicator’s opinion, postponed until the first contributions had been deducted.

2 CAS-54043-T7D4 • In the case of Dr T, contributions were not deducted from his pay until February 2017. These contributions were backdated to 19 December 2016. In the Adjudicator’s view, backdating his contributions in this way was appropriate given that Dr T’s qualifying service commenced on 19 December 2016.

• The Regulations were prescriptive and did not allow NHS BSA to exercise any discretion. In the Adjudicator’s opinion, under the Regulations and pension legislation, Dr T was not entitled to a refund of his contributions. This was because his qualifying service from 19 December 2016 to 31 December 2018 did not amount to less than two years.

• The Adjudicator noted that guidance about qualifying membership and eligibility for a refund was available on NHS BSA’s website.

Dr T did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider.

Dr T provided his further comments which do not change the outcome. In summary, he said:-

• He was not informed until it was too late that, to be eligible for a refund of contributions, his qualifying service had to be less than two years. In particular, the Contract did not mention this fact.

• NHS BSA should take responsibility for its failure to communicate this information to him. Providing this information on its website was inadequate. It should refund his contributions to him.

Ombudsman’s decision

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I do not uphold Dr T’s complaint.

Anthony Arter

Pensions Ombudsman 28 February 2022

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