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Provision of information about lifetime protection

26 September 2019
Issue: 4714 / Categories: Tax cases
Mr T (PO-23961

Between 1983 and 2014 Mr T accrued a substantial pension entitlement. He applied for and received fixed protection 2012 in May 2014.

In 2015 he began employment at a university. His letter of appointment explained he would be automatically opted into the Teachers’ Pension Scheme and explained how he could opt out. Mr T failed to take action and was automatically enrolled in the scheme which invalidated his fixed protection. When he realised in 2018 what had happened and that as a result his fixed protection was lost he asked the university to refund his contributions but was told this was not permitted. He complained to the Pensions Ombudsman.

The ombudsman said there was no requirement under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 to provide guidance on lifetime allowance protections to new members. The university’s letter had complied with the relevant disclosure...

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