Liability of actuary as manager/administrator 2

United Kingdom

Reference: F00326

The member complained that the actuary had failed to include him in the distribution of the scheme's surplus when a scheme was wound up following the liquidation of the employer. The insurer with whom benefits were secured on the winding up told the member that his name had not been included in the trustees' instructions for the distribution of the surplus. This was based on membership listings provided by the actuary on behalf of the trustees. The Ombudsman concluded that the level of the actuary's involvement in the winding up of the scheme qualified it as a manager and/or administrator of the scheme for the purposes of his jurisdiction. The actuary was ordered to purchase additional pension benefits for the member.