||All England Reporter
|| All ER (D) 16 (Apr)
||Araba Taylor (instructed by Vanderpump & Sykes) for the claimant.
||Michael Tennet (instructed by Pinsent Mansons) for the trustee.
||3 April 2006
Pension - Pension scheme - Company pension scheme - Death of member - Payment of lump sum death benefit - Member failing to nominate beneficiary - Defendant trustee exercising discretion under pension plan to distribute benefit - Claimant beneficiary challenging award made - Whether trustee properly exercising discretion - Whether ombudsman erring in law.
It was for the trustee to exercise its discretion as to how a member's lump sum death benefit was to be distributed. That decision could only be interfered with if the trustee had taken into account irrelevant or improper factors or no body of trustees properly advised could have reached such a decision.
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