Universities Superannuation Scheme Ltd v Scragg and another

Pension – Pension scheme. The wording of the rules governing the Universities Superannuation Scheme (the scheme), consistent with the proper operation of the scheme entitled and required the appellant trustee of the scheme to determine for itself, based on medical opinion as defined, whether a member of the scheme (the respondent) was suffering from a total incapacity or a partial incapacity. That entitled and required the trustee to determine whether he was suffering from any incapacity at all and the trustee was not bound by the conclusion of the respondent's former employer that he suffered from incapacity. The Chancery Division so ruled in allowing the trustee's appeal against a decision by the Pensions Ombudsman, concerning the trustee's refusal to award the respondent ill-health retirement benefits.

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