Teachers Pension Scheme · CAS-30002-K6Z8

CAS-30002-K6Z8

Ombudsman’s Determination Applicant Mrs E

Scheme Teachers' Pension Scheme (the Scheme)

Respondent Teachers' Pensions (TP)

Outcome

Complaint summary Mrs E is unhappy because TP is attempting to recover an overpayment of £13,506.15 from her.

The overpayment arose because TP originally calculated Mrs E’s retirement benefits using an incorrect pensionable service record.

Background information, including submissions from the parties

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Adjudicator’s Opinion

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Mrs E accepted the Adjudicator’s Opinion but TP did not. In particular, TP stated:

• The evidence indicates that Mrs E received the EORBs and 2014 statement, and so she had information within her possession to spot the error which led to the overpayment. As such, there is evidence to indicate she knew her benefits were being overpaid, and so a change of position defence is not made out as she did not spend the income overpayment in good faith.

• There is insufficient evidence that Mrs E did not save regularly during the period the overpayment accrued, as the Adjudicator suggests. In particular, her bank statements show a positive balance which was topped up by transfers.

The complaint was passed to me to consider. TP’s further comments do not change the outcome. I agree with the Adjudicator’s Opinion and I will only address the additional points raised by TP.

Ombudsman’s decision

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I uphold Mrs E’s complaint in part, as I find that she has a change of position defence against the income overpayment.

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Anthony Arter

Pensions Ombudsman 22 June 2021

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