The Pensions Ombudsman (TPO) has upheld a complaint against the NHS Pension Scheme over its members retaining special class status (SCS) if they retire early.

'Mrs N' had complained that the NHS Business Services Authority had said that she was not eligible to retain SCS, which would have resulted in reduced retirement benefit, if she decided to retire at age 55.

TPO found that the complaint should be upheld and the NHS should review its decision within 28 days.

The Deputy Pensions Ombudsman, Karen Johnston, stated that this was due to “flaws in its decision-making process” and it did not follow the approach set out in the judgement of a previous court case involving the NHS (NHS BSA v Williams).

On 6 March 1995, SCS was abolished. Members of the scheme who remained in the same job role who previously held SCS and did not have a break in service of over five years, were able to retain SCS.

Mrs N began working for the NHS as a nurse was was granted SCS. She applied for the a new position as head of quality governance in June 2013 and the NHS said that she lost SCS on that date.

She moved to her current role, head of quality (acute and communicate), which is eligible for SCS, but was denied due to being ineligible in her previous role.

The complainant argued that this was unfair, as she had been in her previous role for less than five years, and brought her complaint to the ombudsman.

TPO concluded: “Within 28 days of the date of the determination, NHS BSA shall re-consider whether or not Ms N qualifies for SCS under Regulation R2, taking into consideration the substance of the role she fulfilled and not looking solely at whether a nursing qualification was stated to be an essential requirement of that role.”

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