Can they take back pension overpayments?

Debt_Free_Chick

JayZed wrote: »

Interesting... what if the value of the investments had risen rather than fallen? Woudl the company be entitled to take back the extra cash plus the gains, thus putting her in the position she would have been had they not made the mistake?

Yes. Put another way ... if the company had missed some contributions and the investments had gained in that period, then the company would need to pay the arrears of contributions PLUS the investment gains on those contributions in order to put the employee in the same position they would have been in, had the mistake not been made.

If the employee is not entitled to the contributions paid erroneously, then they are not entitled to the gains that those contributions have earned.