Tuesday 10 October 2023
By appellant’s notice filed on 4 October 2022, the Pensions Ombudsman, a non-party, appeal paragraph 2 of the order of Leech J dated 11 August 2022, whereby he ordered that the List of Issues to be answered are as set out at paragraphs 162 to 172 of the judgment.
The appeal concerns the role of the Pensions Ombudsman in relation to the situation where a pension scheme has made overpayments to a member and then seeks lawfully to recoup the overpayments by making deductions from future pension payments. The Claimant as trustee of the CMG UK Pension Scheme (“the Scheme”) had sought the determination of certain issues relating to the rules of the Scheme. The Defendant is the Scheme’s Principal Employer. The issues relate to the questions the Judge was asked to answer concerning the position where a member had been paid sums to which they were not entitled and related to the proper construction of s.91(6) of the Pensions Act 1995 (“the Act”).