NHS Pension

Isiwizzi

I worked for the NHS from August 2015 to December 2016 (16 months). I have now contacted them to transfer the full amount of my NHS pension pot into my new pension scheme.
They advise however that they will only transfer the contributions I made which amount to £700, but not the NHS contributions because I worked less than 2 years. This was not made clear to me when I joined the NHS pension scheme and I would have stayed an addtional 8 months if this was the case. I believe that the NHS contributions formed part of my salary package and should therefore be returned to me, but they say it is policy not to do so. But policy is not necessarily law and I wondered whether anyone else experienced this problem and if so, what was the outcome?

Flugelhorn

I don't consider that my employer's contributions have ever been part of my salary package. The amount including those contributions was not mentioned in any contract.

As far as it being policy, seems that the NHS pension is covered by endless legislation which changed from time to time

hyubh

Isiwizzi wrote: »

I worked for the NHS from August 2015 to December 2016 (16 months). I have now contacted them to transfer the full amount of my NHS pension pot into my new pension scheme.
They advise however that they will only transfer the contributions I made which amount to £700, but not the NHS contributions because I worked less than 2 years.

Sounds like you've missed the NHS scheme's time limit for a transfer out, so can only have a refund:

When you have less than two years membership there are time limits to meet when considering a transfer of your benefits. To be able to transfer to another occupational or personal pension scheme or QROPS you must be under Normal Pension Age and:
- join or take out a pension within 12 months of leaving the Scheme;
- apply for a transfer within 12 months of joining that Scheme.

https://www.nhsbsa.nhs.uk/sites/default/files/2017-03/Members%20Refunds%20Factsheet%20V5%2002.2017.pdf

This was not made clear to me when I joined the NHS pension scheme

Did you check the website at the time...?

and I would have stayed an addtional 8 months if this was the case

That would have led to an inability to transfer out for a different reason however, viz., earning a preserved benefit in the scheme and so falling under the 2015 ban on transferring out preserved benefits in an unfunded public sector scheme to a money purchase arrangement.

I believe that the NHS contributions formed part of my salary package and should therefore be returned to me, but they say it is policy not to do so.

The administrator will follow the scheme rules, which are set in law - it isn't a matter of mere policy, notwithstanding any loose words given to you.

But policy is not necessarily law

Well indeed...

Thrugelmir

Isiwizzi wrote: »

But policy is not necessarily law and I wondered whether anyone else experienced this problem and if so, what was the outcome?

Do you have the funds to challenge the well documented and established policy in a court of law?

hyubh

Thrugelmir wrote: »

Do you have the funds to challenge the well documented and established policy in a court of law?

Something like this won't be just policy.