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United Kingdom

Pensions Ombudsman: Salvation Army statutory, discretionary scheme pays only on retirement as a commissioned officer; no deferred rights and preservation legislation does not apply where officers are not employees

Published on: 13 January 2025

Published by a LexisNexis Pensions expert
Legal News
Table of contents
  • Original news
  • Summary
  • What were the facts?
  • What was the Pensions Ombudsman’s decision?
  • What is the impact of this determination?
Article summary

Original news Mrs H (CAS-65551-M8D0)—22 August 2024

Summary

The Pensions Ombudsman has dismissed a complaint regarding a discretionary pension established by statute. The scheme’s provisions were outdated and offered no benefit to deferred members. To be entitled to a pension, an individual had to leave the Salvation Army’s service and make a claim—something the complainant had not done. The preservation legislation did not apply because no employer-provided resources existed (Salvation Army workers are viewed not as employees but as officers of religion). The Ombudsman’s decision serves as a reminder that the rules of a pension scheme determine a person’s eligibility for benefits.

What were the facts?

Mrs H was a commissioned officer for the Salvation Army (SA)...

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