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Pension Query

  • 16-01-2014 7:20pm
    #1
    Endurance_man
    Banned (with Prison Access) Posts: 105 ✭✭


    Hi

    Hope someone can help here.

    I recently left my job after 2 and a half years. I had pension with the company and only the employer contributed.

    I joined the pension scheme after my six month probation was over. The scheme started then but the employer recognised the six months probation period so I received full benefit in the first year.

    I have since received a letter from the pension administrator that I am entitled to zero. The employer stated in the small print that I must be in the scheme two years to be entitled to it. I took this as when I started the actual job as it included the probation period as it was back dated.

    The employer is saying no it is from when I started the scheme. Also should I have stayed 3 more days in the company I would have been over the two years in the scheme.

    I was totally unaware that if I stated 3 more days I would be entitled to the pension. There was nothing mentioned by HR.

    I am deeply upset that the company only recognises it this way and also didn’t have the good grace to leave the 3 days and not take the pension off me.

    I worked very hard over my 2.5 years with this employer.

    Do I have any leg to stand on here? Also do people think it was bad form from the employer?

    Thanks


Comments

  • #2
    Endurance_man
    Banned (with Prison Access) Posts: 105 ✭✭Endurance_man


    Anyone have any advice?

    Thanks


  • #3
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    you don't have a leg to stand on your relying on the employers goodwill which they are not prepared to extend. Its a tough pill to swallow but you cant really do much about it unfortunately.


  • #4
    Endurance_man
    Banned (with Prison Access) Posts: 105 ✭✭Endurance_man


    D3PO wrote: »
    you don't have a leg to stand on your relying on the employers goodwill which they are not prepared to extend. Its a touch pill to swallow but you cant really do much about it unfortunately.

    Guessed as much. Its hard to take alright.


  • #5
    Liam D Ferguson
    Registered Users, Registered Users 2 Posts: 542 ✭✭✭Liam D Ferguson


    Endurance_man wrote: »
    I joined the pension scheme after my six month probation was over. The scheme started then but the employer recognised the six months probation period so I received full benefit in the first year.

    I agree with D3PO about the goodwill of the employer. It would have been nice if someone had advised you to stay the extra 3 days but it would also have meant that the employer would not get a refund of their contributions. So it wouldn't have been in the employer's financial interest to tell you to stay the extra 3 days.

    That said, I think you have a possible argument based on your paragraph that I have copied above. If your employer backdated your membership of the scheme by six months to take account of the probationary period, then you could argue that you were in the scheme for more than the 2 year statutory vesting period. Check with the pension scheme administrators to see what dates they have recorded as your date of joining the scheme and date of leaving.

    When you get that information, you could give the Pensions Board a ring for advice.


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