Legal Review: Recovering overpayments – dealing with complaints

Faye Jarvis sets out four ‘guiding principles’ for trustees tasked with recovering overpayments

clock • 4 min read
Macfarlanes partner Faye Jarvis
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Macfarlanes partner Faye Jarvis

The overpayment of benefits is not uncommon in pension schemes and many trustees will have had to grapple with this issue at some point in their tenure.

The starting point is that a member does not have a right to retain money paid to them by mistake, irrespective of whether the person making the payment by mistake was negligent. Trustees have two ...

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