Auto-enrolment

Minky15

This year I was auto enrolled into an occupational pension by my NHS employer this year. I was not aware this was an option having already taken an NHS pension 7 years ago. I learned that auto enrolment has been around for years and there was an obligation on employers to implement this. Having been in my current job for 7 years, as a bank nurse, I asked my employer why they had not done this before now. I was told that this was an ‘error’ on their part, they apologised but there could be no retrospective payments to remedy this. Do I just have to accept this and miss out on the benefits I have missed out on?

DE_612183

You can ask the, to back date the pension - but be aware you'd also have to make the employee contributions.

It may be worthwhile having a conversation with the Pension Regulator service.

Marcon

Minky15 said:

This year I was auto enrolled into an occupational pension by my NHS employer this year. I was not aware this was an option having already taken an NHS pension 7 years ago. I learned that auto enrolment has been around for years and there was an obligation on employers to implement this. Having been in my current job for 7 years, as a bank nurse, I asked my employer why they had not done this before now. I was told that this was an ‘error’ on their part, they apologised but there could be no retrospective payments to remedy this. Do I just have to accept this and miss out on the benefits I have missed out on?

They're talking nonsense IF the error was entirely on their part and you could not reasonably have been aware of it.

Make a formal complaint to your employer if they were responsible for the error (as opposed to the pension scheme), say you are willing to pay your share of the contributions and you expect your membership to date from when you should have been enrolled.

If that gets you nowhere, then it's a complaint to the Pensions Ombudsman for maladministration, asking to be put in the position you would have been in had the error not occurred.

Minky15

Thanks both. That’s along the lines I was thinking as well as getting support from my union, the RCN. I am not sure what constitutes ‘not being reasonably aware’ might mean in practice. 

Marcon

Minky15 said:

Thanks both. That’s along the lines I was thinking as well as getting support from my union, the RCN. I am not sure what constitutes ‘not being reasonably aware’ might mean in practice. 

The usual old chestnut where pensions are concerned: it depends. Not being aware of auto enrolment, which began in 2012 for the largest employers, isn't going to cut much ice given the vast amount of publicity it has had over the years.

What is more compelling is the fact you took your NHS pension 7 years ago and didn't realise the employer (still) had an obligation to auto-enrol you. I think at the time NEST was the scheme for those already in receipt of an NHS pension, and I can't remember when a second bite at the cherry of NHS pension scheme membership became an option - anyone able to help please? 

For now I'd focus on the fact the employer has admitted not enrolling you was an error - theirs.

Sarahspangles

Marcon said:

Minky15 said:

Thanks both. That’s along the lines I was thinking as well as getting support from my union, the RCN. I am not sure what constitutes ‘not being reasonably aware’ might mean in practice. 

The usual old chestnut where pensions are concerned: it depends. Not being aware of auto enrolment, which began in 2012 for the largest employers, isn't going to cut much ice given the vast amount of publicity it has had over the years.

What is more compelling is the fact you took your NHS pension 7 years ago and didn't realise the employer (still) had an obligation to auto-enrol you. I think at the time NEST was the scheme for those already in receipt of an NHS pension, and I can't remember when a second bite at the cherry of NHS pension scheme membership became an option - anyone able to help please? 

For now I'd focus on the fact the employer has admitted not enrolling you was an error - theirs.

I believe the option was always available to staff under the 2008 and 2015 section/scheme but there was a change on 1st April to allow those who had retired from the 1995 section to rejoin. One of my former team was included, it was a factor in her deferring her final retirement.

There are some complexities about bank staff too, but I don’t understand those.

Minky15

I retired with MHO status on the 1995 scheme aged 55. I am told it was 2023 that the option to join the 2015 Superannuation Scheme was extended to people in my position.