Late father's DB pension.

Bobsteroonie79

My father recently passed at 71. Among his paperwork we found several letters relating to a final salary scheme he was enrolled into in 1978.
They repeatedly offered him £4,500 a year but due to his poor mental health he ignored them and didn't do anything with them.
I've just heard back from the scheme and they have said that there is nothing payable to his estate as there are no contributions on record.
Is there any way of arguing that because he hadn't drawn on it due to his poor mental health the estate is entitled to the payments they have offered him annually over the last few years?
Or would we just be wasting our time?

Emmia

DB pensions normally die with the holder (unless there's a spousal pension or dependents pension that would be payable to those people). Unfortunately your father, for whatever reason didn't claim.

swingaloo

I would very much doubt that. He had the best part of 50 years in which to make his claim.

Marcon

Bobsteroonie79 said:

My father recently passed at 71. Among his paperwork we found several letters relating to a final salary scheme he was enrolled into in 1978.
They repeatedly offered him £4,500 a year but due to his poor mental health he ignored them and didn't do anything with them.
I've just heard back from the scheme and they have said that there is nothing payable to his estate as there are no contributions on record.
Is there any way of arguing that because he hadn't drawn on it due to his poor mental health the estate is entitled to the payments they have offered him annually over the last few years?
Or would we just be wasting our time?

I'd write a polite letter pointing out that your father's mental health meant that he failed to respond to the letters, and is there any chance that the trustees would consider making a payment to his estate. I wouldn't specify an amount - leave that to them, on the basis that anything is better than nothing. I would specifically  ask them to confirm exactly what the rules of the scheme say about a member who dies after the scheme's normal retirement age (NRA) but before their pension has come into payment. In this situation, some schemes (not all) have a provision to treat a member as retiring (ie drawing their scheme pension) on the day of, or the day before, the scheme's NRA - and there are times when those administering the scheme overlook that little nicety.

I don't think the claim will succeed, but on the basis 'you never know...', it's worth a go - not least because if you don't write, I think it will continue to prey on your mind from time to time. The worst that happens is that you'll get a reply pointing out that under the rules of the scheme etc etc. 

Marcon

swingaloo said:

I would very much doubt that. He had the best part of 50 years in which to make his claim.

Hardly. He was 71 when he died, and claiming a pension at 21 wouldn't have been an option!

swingaloo

Marcon said:

swingaloo said:

I would very much doubt that. He had the best part of 50 years in which to make his claim.

Hardly. He was 71 when he died, and claiming a pension at 21 wouldn't have been an option!

OOPs ,yes sorry. I completely mis-read that

Hoenir

Bobsteroonie79 said:

I've just heard back from the scheme and they have said that there is nothing payable to his estate as there are no contributions on record.

A non contributory scheme. Had your late father made any contributions personally these
would have been refunded as the pension was never drawn. 

Anything beyond this is at discretion of the pension scheme trustees. 

Marcon

Hoenir said:

Bobsteroonie79 said:

I've just heard back from the scheme and they have said that there is nothing payable to his estate as there are no contributions on record.

A non contributory scheme. Had your late father made any contributions personally these
would have been refunded as the pension was never drawn. 

Anything beyond this is at discretion of the pension scheme trustees. 

....unless there's a provision in the rules as outlined in my post above. It's highly likely there isn't one, but the point is still worth checking. As we all know, pensions administrators don't always get it right first time - and sometimes it takes a direct question from a member to get them to revisit (and actually read) the rules of the scheme. The real mistake is not asking that question, if only to put OP's mind at rest that yes, the answer they've had is correct.

Shimrod

Marcon said:

Hoenir said:

Bobsteroonie79 said:

I've just heard back from the scheme and they have said that there is nothing payable to his estate as there are no contributions on record.

A non contributory scheme. Had your late father made any contributions personally these
would have been refunded as the pension was never drawn. 

Anything beyond this is at discretion of the pension scheme trustees. 

....unless there's a provision in the rules as outlined in my post above. It's highly likely there isn't one, but the point is still worth checking. As we all know, pensions administrators don't always get it right first time - and sometimes it takes a direct question from a member to get them to revisit (and actually read) the rules of the scheme. The real mistake is not asking that question, if only to put OP's mind at rest that yes, the answer they've had is correct.

As an example, my pension rules state that someone dying after normal pension age but before taking the pension the person would be treated as if they had retired immediately before death and a benefit equivalent to 5 years pension would be paid out.

It's possible the answer received was in regard to ongoing pension benefits rather than lump sum death benefits.

Silvertabby

It very much depends on the actual scheme rules.  And how they are interpreted by the administrators.

It would be worth putting in a request for confirmation (or not) of any benefits due to the estate in writing, meaning that the reply should also be in writing.  Stress that your father failed to claim his benefits at the due date through no fault of his own, and ask again if the missing payments can still be made.  Even if they so "no, because..." you will know that you have done all you can.

saucer

I’m sorry for your loss. 71 is young. I agree with Marcon that it is worth writing a letter to the trustees regarding his mental health. You never know and you will have tried.