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Pension if Lawfully Dismissed

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Hi everyone, 

Just wondered if I'm dismissed lawfully from a local government job what would happen to my pension? Would I be allowed to take back all of my contributions?

Thanks

Comments

  • Universidad
    Universidad Posts: 414 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 8 May 2024 at 10:44AM
    your employer can confiscate your pension if you commit severe misconduct or a negligent act or omission. But as I understand it, the test is very high in that respect and is only used in exceptional circumstances.

    The test is indeed high, as set out in the LGPS regulations.
    In brief, you'd have to have committed an offence that was directly relevant to your job, resulted in you leaving your job, and then the scheme admins would need to apply for a certificate from the secretary of state to certify that the offence was either gravely injurious to the State, or liable to lead to a serious loss of confidence in the public service.
    This is to avoid embarassing situations like Lucy Letby getting her pick at the prison canteen for thirty years. It's not there to claw money back from people jumping turnstiles at the train station.

  • Andy_L
    Andy_L Posts: 13,022 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    your employer can confiscate your pension if you commit severe misconduct or a negligent act or omission. But as I understand it, the test is very high in that respect and is only used in exceptional circumstances.

    The test is indeed high, as set out in the LGPS regulations.
    In brief, you'd have to have committed an offence that was directly relevant to your job, resulted in you leaving your job, and then the scheme admins would need to apply for a certificate from the secretary of state to certify that the offence was either gravely injurious to the State, or liable to lead to a serious loss of confidence in the public service.
    This is to avoid embarassing situations like Lucy Letby getting her pick at the prison canteen for thirty years. It's not there to claw money back from people jumping turnstiles at the train station.

    The CS, police & military schemes also have the option to take it if you are sentenced for 2(?)+ years for an offence under the official secrets act.

    Case law has also established that the part of the pension that represents the employees contributions & any contracted out NI cannot be taken
  • Universidad
    Universidad Posts: 414 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 8 May 2024 at 11:16AM
    Andy_L said:
    The CS, police & military schemes also have the option to take it if you are sentenced for 2(?)+ years for an offence under the official secrets act.
    It's 10+ years for the CS, can't speak for the others. And, as you say, this only applies to the Official Secrets Act.
    I presume that's to avoid the embarassing situation where a convicted criminal is getting paid benefits by the very government they sold out to a hostile state.
    The rules about other offences relevant to the job are similar to LGPS.
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