No i had a pension expert work the pension share with current guidelines at the time. All figures were correct to the penny. The shared pension was agreed and i received a letter from the mod pensions stating it was all set up and i would need to apply to them Three months prior to my 55 th birthday. Never heard any more till this week when they told me that officials had misinterpretted the new policy regarding pension splits to spouses. They have agreed it is their mistake and are apologising. However thats not good enough and i can no longer adjust the share percentages in light of having to wait ten years for my share. My ex partner reveived his at 56. The error had left me with a mortgage where i will now be paying hefty mortgage payments come 2014 which i know i wont be able to meet. The lump sum i banked on to reduce my mortgage to make it affordable.
Have you made a formal complaint to MOD/AFPS?
First step before the Pensions Ombudsman?
What''s the ££££difference between the full pension you expected to get at age 55 and the "actuarially reduced" pension the AFPS are now offering at age 55?
Hate to ask this but pension jargon is notoriously hazardous .....is there any way you could have misinterpreted what they were offering you in the letter you relied on for your divorce financial settlement?
Did the actuary''s report say anything about the age you could take your full pension?
Did your solicitor confirm the age you could take your full pension so as to enable you to pay your mortgage?
Yes everyone on the legal side were fully aware of the new rules and were also misled. If I quote from the letter written to me this week from Jon Parkin exec director of SPVA you will see it was not any fault on our part.
'' I am sorry to inform you some of the information in this letter (ie the pension sharing completion) has recently been discovered to be innacurate. The amount of pension quoted to yo as being payable at 55 was incorrect, the amount quoted should of been paid at 60-65''
Then they say
''In April 2009 DWP legislation was introduced which made it possible for pension benefits to be paid earlier,but at a reduced rate. Unfortunately the ammendment on DWP legislation was interpreted incorrectly by MOD OFFICIALS. , as a result the legislation relating to the calculation of Armed forces pension payments did not correctly reflect the change. At the time, it was believed that the intention of the DWP legislation was that members could receive full pension benefits before the age of 60-65 rather than at a reduced rate.
On behalf of the MOd I would like to apologise for this which was due to mistakes made during the development of the MOD policy on scheme rules.''
So no it was not misinterpreted by us by by the MOD clearly.
I have drafted a letter to the MOD this weekend and will be sending it monday by recorded delivery. Stating the impact this will have on my financial security in the future come 2014. Telling them how my health has suffered last few years and this go no way to helping my situation in that respect. It changes a lot of things.
I have asked for the figures also. And told them that I am awaiting correspondence from my pension actuary, who really cannot do anything as he was not to blame, his figures were correct.
I have looked into the ombudsman will exhaust other avenues first before going down that road, but do you think based on this that I have a good case to take forward to court?
They got their own rules wrong.
I''d hate to give you any sort of false hope I''m not a professional - but that letter''s stunning ...... - they''ve told you they were at fault - but I can only imagine how hard it will be to persuade the MOD to stick to their original offer - they''ll say the legislation covering AFPS won''t allow it but you''re dead right to confront them.They''ve wrecked your plans.
Send a copy of all letters to your MP?
The pensions ombudsman can award damages - you''ll have to prove you''ve suffered financial loss and be able to prove how much in ££££.
Worth looking at the decisions on the Pensions Ombudsman''s website to see how they operate?