Final salary /misconduct

marlot

I've heard of this in relation to police pensions

https://www.gov.uk/government/publications/forfeiture-of-police-pensions

atush

I too have heard of policemen losing their pensions this way.

Sounds like the Union should be helping him negotiate a resignation, unless the misconduct was so severe that they won't. Like if it is a criminal offence?

magpiecottage

Obviously we do not know who the employer was or the reasons.

The most high profile case in recent years was Harold Shipman.

However, although he lost his pension, his widow received one after his suicide.

C_Mababejive

It is possible under certain conditions for a company to with hold part of its pension contributions which it has paid into the pension scheme on your behalf. This would depend on the rules of your pension scheme and your terms and conditions of employment. I would first consult the pension scheme administrator to see if this can happen and if so,under what circumstances.

Can they pull back money which they have already paid in? Surely this is already in the hands of the administrators who are separate from the company?

I wouldnt look to the union to save his bacon. Most of them have been neutered long ago.

ukjoel

Am not an expert but I have known a couple of similar cases and pensions were very much protected.

What they can do is withhold any ability to claim it early.

The two examples I remember (think one was drink driving, and the other was computer !!!!!!) both went for gross misconduct.

Their pensions were safe BUT both had paid in for 30 years and amassed full pensions (or near full pensions) and would expect to be allowed early retirement at 55 on full generous final salary terms.

After dismissal their pensions were safe but they couldn't take them until legal retirement age of 65.

Not sure the company can prevent someone from resigning or handing in notice. They may make them work a statutory notice period but this will likely be done as gardening leave.

ukjoel

C_Mababejive wrote: »

I wouldnt look to the union to save his bacon. Most of them have been neutered long ago.

Would agree with the union comments - Any large organisation will have a far better and trained up HR team at their disposal and the unions have Old Ted sitting in a dusty corner somewhere.

Unions love the big publicity stories, but with the exception of a few niche industries (mostly public sector) they are toothless.

Spirit_2

If it is the NHS and the Gross Misconduct includes fraud, it is possible for the pension to be used in recovering the loss.

Andy_L

magpiecottage wrote: »

Obviously we do not know who the employer was or the reasons.

The most high profile case in recent years was Harold Shipman.

However, although he lost his pension, his widow received one after his suicide.

Although would it have stood up in court if he hadn't killed himself?

Case law in the police scheme has established that forfiture can't exceed 65% as the rest represents personal contributions and NI rebates. As a GP Shipman would have paid both the employee and employers contributions for much of his career so similiar rules might have applied.

Does anybody know what happens to the pension income of old-age-prisoners as a general rule, can it be recovered by the CPS under the forfiture of assets rules