Trusting in the Pensions Promise

Book excerpt: This report sets out the results of the Ombudsman's investigation into over 200 complaints about the security of final salary occupational pension schemes and alleged delays in the winding-up of certain such schemes, and the involvement of public bodies in this matter. Chapter 1 explains the Ombudsman's role and jurisdiction and the background to the investigation. Chapter 2 details the complaints, and the Government's initial response; chapter 3 sets out the results of further enquiries to help understand the context of the complaints. The fourth chapter provides the evidence that the investigation has disclosed through consideration of departmental files, official publications and other documentary sources. Chapters 5 and 6 contain the findings and the recommendations. The seventh chapter gives the Ombudsman's assessment of the Government response (appendix D) to the report, and the final chapter is the Ombudsman's conclusion. The Ombudsman makes three findings of maladministration by public bodies: (i) official information about the security that members of final salary schemes could expect from the minimum funding requirement (MFR) was sometimes inaccurate, often incomplete, largely inconsistent and therefore potentially misleading; (ii) the response by DWP to the actuarial profession's recommendation that disclosure should be made to pension scheme members of the risks of wind-up and the risks to accrued pension rights; (iii) the decision in 2002 by DWP to approve a change to the MFR basis. This maladministration was a significant contributory factor in the creation of the financial losses suffered by individuals, amounting to injustice. Recommendations include restoration of the core pension and non-core benefits and some consolatory payments to those fully covered by the recommendations, an apology to scheme trustees for the effects of the maladministration, and a review with the pensions industry to improve the time taken to wind up schemes. The Government, however, is minded not to comply with all of the recommendations, and so the Ombudsman reports to both Houses of Parliament that she has identified injustice caused by maladministration which the Government does not propose to remedy.