Retirement, breaking of contract setting out pension

paternoster

My civil service employer decided to offer me early retirement. As I was in a final salary scheme all paperwork, naturally, set out my pension based on the salary I earned to date.
The correspondence made clear that I if I accepted the offer it constituted a binding contract. I accepted the offer and had a formal leaving date of 29 Feb 2012. As I had some leave owing I left the office in mid- Feb.

On 28th Feb the employer phoned me and told me that I had been overpaid for 3 years, owed them £10K+, and that my pension would now be reduced by about £3K pa.

I dispute that I have been overpaid, but all my paperwork was disposed of before I left, and HR cannot find anything that definitively states that I should have received any lower sum.

I have enlisted union help, but this matter has now been dragging on nearly 6 months, and I`m still waiting on `policy` or `HR` to rule finally on the matter.

Can the contract with the original pension based on final salary figures merely be reduced unilaterally?

Can this alleged overpayment be enforced by the employer?

Are there any further steps I can take, because my decision to leave was based on an income that I`m now not getting?

marybelle01

If an overpayment was made, then yes the employer can correct their error (and claim the overpayment back!) Best leave this to your union - they have more chance of sorting it out than anyone here would, or you would.

paddedjohn

paternoster wrote: »

My civil service employer decided to offer me early retirement. As I was in a final salary scheme all paperwork, naturally, set out my pension based on the salary I earned to date.
The correspondence made clear that I if I accepted the offer it constituted a binding contract. I accepted the offer and had a formal leaving date of 29 Feb 2012. As I had some leave owing I left the office in mid- Feb.

On 28th Feb the employer phoned me and told me that I had been overpaid for 3 years, owed them £10K+, and that my pension would now be reduced by about £3K pa.

I dispute that I have been overpaid, but all my paperwork was disposed of before I left, and HR cannot find anything that definitively states that I should have received any lower sum.

I have enlisted union help, but this matter has now been dragging on nearly 6 months, and I`m still waiting on `policy` or `HR` to rule finally on the matter.

Can the contract with the original pension based on final salary figures merely be reduced unilaterally?

Can this alleged overpayment be enforced by the employer?

Are there any further steps I can take, because my decision to leave was based on an income that I`m now not getting?

What proof/paper work do they have to prove you were overpaid? get back onto your union, thats what you pay them for.

mjm3346

Same post as here

https://forums.moneysavingexpert.com/discussion/comment/55203113#Comment_55203113

Judith_W

If they can't prove they have overpaid you, they have no right to reduce your pension