In Tyler/Drexel, the Deputy Pensions Ombudsman had to consider the position of an employee (Mr Tyler) who had been a member of the Drexel Burnham Lambert UK Pension Plan. The Plan had been wound up and Mr Tyler's benefits had not been secured. It was not clear from the Plan's records whether Mr Tyler had been a member of the Plan at the time of the wind-up, although the administrators could present no evidence that he had transferred-out.
During the winding-up, the Plan's administrators had changed. Mr Tyler's name had been on a membership list prior to the change of administrator but had failed to appear on any subsequent lists.
The Deputy Pensions Ombudsman held that "on the balance of probabilities" Mr Tyler had remained as a deferred member of the Plan and that he was entitled to an annuity so as to put him into the position he would have been in, had he been part of the original bulk buy-out on the winding-up.
In allocating responsibility between the two administrators, the Deputy Pensions Ombudsman determined that the details of Mr Tyler's membership were not on the data provided to the new scheme administrators and, therefore, the previous administrators were responsible and liable to compensate Mr Tyler.