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Change in retirement age - Can I challenge Company Pension rules?

I'm in a final salary pension and am in the process of considering the company's offer of redundancy. I will be 50 after April 2010 and with notice my redundancy takes place later in 2010.

Under the pervious rules I could retire/take redundancy and receive an immediate pension from 50 onwards and could do so with out having the retirement account balance reduced due to early redemption.

Under the new rules if I am leaving at 50 I can't now take pension until 55 years minimum. Therefore as a consequence of the break in service between age of 50 and 55 any pension I take at 55 would be reduced by 2.5% for each year before the age of 60.

It seems 'unfair' that under the previous scheme I wouldn't be subject to any reductions from 50 and would have full pension (should I choose to take it) at 50. With the change in pension rules I seem to be worse off with my pension now subject to annual reductions for early payment during years 55-60.

On the basis that I don't think I can sue the government for potentially making me worse off :cheesy: The questions I have are:
  • Does my company have the right to ignore the government shifting of the rules from 50 to 55?
  • Can I challenge the pension scheme for making changes that disadvantage me? e.g. Can I challenege the early payment reductions?
  • Can the company pension scheme change the rules without seeking agreement from me?
  • Is there any legislation / court cases that might provide an insight into what I can or can't challenge in light of the above?
All help appreciated.....

Comments

  • dunstonh
    dunstonh Posts: 121,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Does my company have the right to ignore the government shifting of the rules from 50 to 55?

    No.
    Can I challenge the pension scheme for making changes that disadvantage me? e.g. Can I challenege the early payment reductions?

    No.
    Can the company pension scheme change the rules without seeking agreement from me?

    Yes.
    Is there any legislation / court cases that might provide an insight into what I can or can't challenge in light of the above?

    None that would help you and only cases that would show the Govt winning.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • The big issue here is that it's a redundancy package. If you don't feel the package is good enough then negotiate the terms or don't take it.

    :-)

    I am a Fellow of the Institute of Actuaries and a Scheme Actuary but any views expressed on this forum are personal. Further, nothing I say should be taken as financial advice.
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