Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent Pensions Ombudsman determinations that have practical implications for schemes generally.
Change of position – can a member keep an overpayment?
Where a pension has been overpaid the starting point is to try and recover that overpayment. Members are only entitled to receive the benefit set out in the scheme rules unless they can bring a successful defence to a claim by the scheme for recovery.
Please see full publication below for more information.