Codes of practice v. scheme rules 2

United Kingdom
08/10/2003
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Reference: M00050

The scheme trustees had a detailed Code of Practice for assessing ill health pension claims. The trustees’ medical officer was required to use the code in providing advice for the trustees.

The member argued that the Code did not accurately reflect the scheme rules and that it was the rules which the trustees should have used when assessing his application.

The Ombudsman concluded that while the trustees were entitled to look to explanatory guidance on how to interpret scheme rules, the key document was the scheme rule itself and not the guidance. He decided that the test set out in the Code went further than that set out in the scheme rule and so directed the trustees to reconsider the matter and prepare a full report for the Ombudsman setting out their findings.


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