Sun Life Personal Pension Plan · CAS-83426-S0Y5

CAS-83426-S0Y5

Ombudsman’s Determination Applicant Mrs S

Scheme Sun Life Personal Pension Plan (the Plan)

Respondent Aviva

Outcome

Complaint summary

Background information, including submissions from the parties

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On 4 January 2022, Mrs S telephoned Aviva regarding her email dated 21 December 2021. Mrs S was informed that the payment date for the policy was 22 December annually. She disagreed and asked it to check its records.

On 26 January 2022, Mrs S telephoned Aviva for an update.

On 27 January 2022, Aviva telephoned Mrs S and the following was discussed:-

• There was no record of her original complaint.

• There was no record of her emails, or her conversation dated 4 January 2022.

• Her payment date was still considered to be 22 December annually.

• Mrs S believed that her payment date had been changed without her consent.

On 29 January 2022, Mrs S submitted her formal complaint to Aviva. She said:-

• She had never received her annual pension payment of £224.32 on 21 December as agreed.

• She had contacted Aviva to inform it of this issue and had been advised that it would check its records and respond accordingly.

• She had not received a follow up call, and her payment date had not been amended.

• When she contacted Aviva regarding the issue again, she was informed that it had no record of her previous contact and that her payment date was still set to 22 December.

On 8 February 2022, Mrs S telephoned Aviva. The following was discussed:-

• Mrs S had requested bank statements to prove that she had historically received payment on 21 December.

• Aviva advised that it had received the relevant document that was signed by Mrs S and used to set up her annuity on 21 December 2006. Her selected retirement date was 22 December 2006.

On 11 February 2022, Aviva emailed Mrs S to confirm that her payment date was 22 December each year and that this had been set up in accordance with the options selected by her at retirement. It also informed her that the policy was non- commutable, non-assignable and could not be amended.

On 19 February 2022, Mrs S advised Aviva that she had reviewed her bank statements and that she had not received payment in 2013 or 2015.

2 CAS-83426-S0Y5 On 21 February 2022, Aviva requested copies of the bank statements so that it could investigate the issue further.

On 3 March 2022, Mrs S explained to Aviva that she would only send scanned copies of her bank statements if the complaint proceeded to independent adjudication.

On 7 March 2022, Aviva responded to Mrs S’ formal complaint. It said:-

• The individual who dealt with Mrs S’ original complaint was from a different department within Aviva, the complaint had not been recorded on the current department’s system. This was why it was unable to locate her original complaint.

• The reason she had not always received payment on 22 December was because 22 December occasionally fell on a weekend or bank holiday. In these instances, payment would be made early or late, so as to avoid these dates.

• It confirmed that she had received payment in 2013 and 2015.

• All payments had been due on 22 December and the relevant funds had exited Aviva’s account on that date as agreed.

• The Retirement Schedule signed by Mrs S and received on 21 December 2006 clearly stated a retirement date of 22 December.

Mrs S’ position

She had sent the Retirement Benefits Request Form on 11 December 2006, but it was stamped as received on 21 December 2006.

She disputed that it had taken 10 days for the letter to reach Aviva, a delay of such length was unusual at that time.

The previous administrator of her annuity had always made payments on 21 December. It was only Aviva who failed to make payment on the correct date.

Aviva’s position

It maintained the points raised in its complaint response but specifically highlighted that the annual payment was not being fulfilled late. The payment date, as dictated by Mrs S in her Retirement Schedule, was 22 December each year with payment variance only occurring to avoid weekends and bank holidays.

Adjudicator’s Opinion

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4 CAS-83426-S0Y5 I note the additional points made by Mrs S, but they do not change the outcome. I agree with the Adjudicator’s Opinion.

Ombudsman’s decision

Therefore, I do not uphold Mrs S’ complaint.

Dominic Harris

Pensions Ombudsman

26 June 2024

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Appendix One

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