Ms Stephens was employed at Croydon College in 2001 and, as a part-time teacher, she was not automatically a member of the TPS. She chose to join the TPS. In July 2002 she applied for a new role as a sociology teacher at Langley Park School for Girls (“the School”). She was asked whether she was a member of the TPS. She wrongly confirmed that she was not a member and had not chosen to join the TPS whilst at Croydon College.
The School should have sent a notification of teacher appointment form to the TPS but this was either not sent or was lost by the TPS. On balance, the Pensions Ombudsman concluded that the form was never sent. Had it sent the form, the School would have been alerted that Ms Stephens had given incorrect information and was a member of the TPS and that contributions were therefore due. On 1 September 2002 Ms Stephens began part-time employment with the School and over the next 9½ years no contributions were made either by Ms Stephens or the School.
The School became an academy in 2011 and Ms Stephens completed a new form on 1 August 2011 to confirm whether she was or wanted to be a member. Her completion of the form was rather contradictory and as a result the school contacted the TPS to check whether Ms Stephens was in fact a member. The academy then started to deduct pension contributions from Ms Stephens’ salary and to make employer contributions from 1 April 2012.
In June 2013 the TPS then invoiced the academy for the arrears of pension contributions and interest which had accrued between 1 September 2002 to 31 March 2012. Ms Stephens was asked to complete a retrospective election to opt out of the TPS with effect from 1 September 2002 but refused to do so. The TPS refused to accept that the academy had no liability to make the contributions.
The academy complained to the Pensions Ombudsman and argued that:
The Pensions Ombudsman decided that:
This decision highlights the need for employers to ensure they submit the appropriate forms to the TPS (and to keep evidence that they were sent). Had the appropriate form been sent (or evidenced that it had been sent) in 2002, it is likely that the Pensions Ombudsman would have reached quite a different conclusion.
Interestingly, the Pensions Ombudsman indicated that it might be open to the academy to argue that Ms Stephens should be required to complete a retrospective opt-out form but that he did not have jurisdiction to consider this and so that would need to be considered in the courts.
One point that does not appear to have been raised is that the academy could have argued that it was a different employer to the original foundation school and that any liability for the period before it became an academy should have fallen on the governors of the foundation school (which would have been dissolved when the School became an academy).
For advice on whether part time teachers are members of the scheme or on the Teachers’ Pension Scheme more generally, please contact Doug Mullen
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