Options Pensions · CAS-71789-B3Z6

CAS-71789-B3Z6

Ombudsman’s Determination Applicant Mr D

Scheme Options Pensions (the Scheme)

Respondent ACF Consultants Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Caseworker’s Opinion

• The Caseworker said that TPO’s normal approach, in cases such as these, was to seek agreement from all parties on the facts of the complaint, including the dates and amounts of contributions involved. She said that, as the Employer had not

2 CAS-71789-B3Z6 responded to the substantive complaint points, she had to base her Opinion solely on the information provided by Mr D.

• The Caseworker said that she had no reason to doubt the information provided by Mr D. So, in the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Mr D’s salary, but 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.

• Also, the Employer had failed to increase the employer and employee contributions to 8% as per Mr D’s request.

• As a result of its maladministration, Mr D was not in the financial position he ought to be in.

• In the Caseworker’s view, Mr D had suffered serious distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the opinion 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 D £1,000 for the serious distress and inconvenience he has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr D’s pay in respect of the period of his employment. The Schedule shall also include the corresponding employer contributions equalling the employee contributions up to the level agreed in the Employment Contract; and

(iii) forward the Schedule to Mr D.

(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 D’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 Scheme administrator of any shortfall in Mr D’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman 23 May 2023

4 CAS-71789-B3Z6 Appendix Date Employee contributions Employer contributions

30/10/2020 £218.41 £131.05

30/11/2020 £270.83 £160.50

31/12/2020 £270.83 £160.50

29/01/2021 £270.83 £160.50

26/02/2021 £270.83 £160.50

31/03/2021 £270.83 £162.50

Appendix Two Terms and Conditions of Employment

8. Pension

8.1 The Company operates a Company Pension Scheme and will match your pension contributions from a minimum of 4% per party (8% in total) to a maximum of 8% per party (16% in total).

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