Pension fraud/scamming
Author
Discussion

ade73

Original Poster:

472 posts

138 months

Saturday 20th January 2018
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Is there any pension/legal bods on here able to answer a question on pensions?

I'm in a final salary pension at work, we have recently been told that they plan to freeze the current pot we have built up and we either start paying more to keep roughly the same amounts at the end (but the extra amount you would need to pay isn't worth it at the end as you could get a better return just using the money toward your mortgage or some other saving/investment) or your final figures will be lower.

Now the reasons we are being told for this is a shortfall in the projected pension fund and people living longer (this bit gets me angry as my dad died not long after retiring)

But what we have found out is that management have been abusing the final salary bit by putting themselves on daft shifts to qualify for big shift premiums that they would normally never work.

So instead of getting maybe 12% shift pay they now qualify for 38% and then get an inflated lump sum and final salary pension.

Is this not some sort of fraud?

They get better pensions and we are funding it, but our pensions will be lower and they don't lose anything. mad

edc

9,618 posts

280 months

Sunday 21st January 2018
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Before you get too worked up have you checked the scheme rules? A final salary scheme does not automatically count shift pay, overtime or bonuses etc as pensionable earnings. Have you raised the issue to the pension trustees?

ade73

Original Poster:

472 posts

138 months

Sunday 21st January 2018
quotequote all
Yes, shift pay is included. overtime in not. That is why they have done it. It has been passed to the trustees but they don't seem that bothered from initial feedback, that's why I'm trying to find out the legal stance on it.

The Leaper

5,666 posts

235 months

Sunday 21st January 2018
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Surely, as the rules of the scheme provide that shift pay is pensionable, there's nothing illegal in what's been going on.

R.

Monkeylegend

29,138 posts

260 months

Sunday 21st January 2018
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And presumably they are actually working the shifts and not just claiming the premium for them?

edc

9,618 posts

280 months

Sunday 21st January 2018
quotequote all
How do you feel about executives or directors on six or seven figure salaries getting higher percentage pay awards than the main employee population? That's another slug of money you are funding to their pensions too?

ade73

Original Poster:

472 posts

138 months

Sunday 21st January 2018
quotequote all
The Leaper said:
Surely, as the rules of the scheme provide that shift pay is pensionable, there's nothing illegal in what's been going on.

R.
So it's not strange and a bit iffy that they normally work 2 Shifts 12% but because they are able to put themselves on a higher percentage shift for 3 or 4 months within their last 5 years so to inflate their pot?

When there is no reason to be on those shifts bar them saying so.

ade73

Original Poster:

472 posts

138 months

Sunday 21st January 2018
quotequote all
edc said:
How do you feel about executives or directors on six or seven figure salaries getting higher percentage pay awards than the main employee population? That's another slug of money you are funding to their pensions too?
I've got no problem with that as that is their salary. The bit where they can put themselves on a shift they don't normally work for 3 or 4 months to then claim a bigger pot is the bit people have a problem with (as this is one of the reasons the trustees are changing the set up of the pensions)

Changing the rules after its caused a shortfall, so that people can't do this anymore but not chasing the ones who have done it already.

The Leaper

5,666 posts

235 months

Sunday 21st January 2018
quotequote all
By "claiming a bigger pot" I assume you mean that by working and getting paid for extra shifts their pensionable salary increases, and so does their pension by application of the typical final salary scheme formula. In a final salary scheme there is no such thing as personal pension pot (other than by a member paying AVCs).

If the rules include shift related pay and they work the shift, I fail to see why anything needs to be done as they are entitled to the pension based on the shift work completed.

R.

Monkeylegend

29,138 posts

260 months

Sunday 21st January 2018
quotequote all
I used to work for a very large retailer, turnover in the billions. We had a 40/60ths final salary pension scheme based on your final years salary.

When their main board directors were due for retirement they would increase their final years salary by 50% ish so that when they retired their pension was equal to their normal salary in the previous year prior to retirement.




edc

9,618 posts

280 months

Sunday 21st January 2018
quotequote all
3 or 4 months of extra shift pay in the last year won't make much of a difference for a person's final salary pension.

ade73

Original Poster:

472 posts

138 months

Monday 22nd January 2018
quotequote all
edc said:
3 or 4 months of extra shift pay in the last year won't make much of a difference for a person's final salary pension.
It's not 3 or 4 months of extra shift pay, the final salary will be worked out on the highest pay from the last 5 years. So they are in effect getting a 20+% pay increase when their pension is worked out.

The Leaper

5,666 posts

235 months

Monday 22nd January 2018
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So? If that's what the rules say, where's the problem? Unusual if the rules actually do say that final pensionable salary is the single highest annual salary in the past 5 years. I'd expect there to be some averaging of annual salaries to get to final pensionable salary in the definition in the rules.

R.

edc

9,618 posts

280 months

Monday 22nd January 2018
quotequote all
ade73 said:
edc said:
3 or 4 months of extra shift pay in the last year won't make much of a difference for a person's final salary pension.
It's not 3 or 4 months of extra shift pay, the final salary will be worked out on the highest pay from the last 5 years. So they are in effect getting a 20+% pay increase when their pension is worked out.
Every scheme differs but I have a good handle generally on what basis schemes use. And I'll stick to that 3 or 4 months of an extra bit of shift allowance in the final year of work won't significantly affect the pension payment. For your calculation purposes they are getting a 20% increase for 3 months out of the 60 month calculation period.

You will probably be aghast at some of the other types of practice that happen such as people retiring after 55 when their earnings calculation will be at it's peak but returning to the business on the same or lower salary or allowing them to work part-time (but not affecting their pension now).

ade73

Original Poster:

472 posts

138 months

Monday 22nd January 2018
quotequote all
edc said:
Every scheme differs but I have a good handle generally on what basis schemes use. And I'll stick to that 3 or 4 months of an extra bit of shift allowance in the final year of work won't significantly affect the pension payment. For your calculation purposes they are getting a 20% increase for 3 months out of the 60 month calculation period.
Our scheme goes on your best pay over the last 5 years, by going on the different shifts for 3-4 months this sets your pay at that level for the year as we get protected shift premium. So they are getting an inflated final salary as the extra 20% is taken for the whole year. So 3 or 4 months sly shifts counts for the whole of the past 5 years.


The question was on the legality of this.

The Leaper

5,666 posts

235 months

Monday 22nd January 2018
quotequote all
If you are questioning the legality please set put why you think it is illegal.

R.

anonymous-user

83 months

Monday 22nd January 2018
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When I was in the Uk we used to shift the lads onto nights so they were on 33% rather than the normal 20% for double days.

Increased their pensions smile if it works both ways ... I am sure you wouldn’t say no if it was offered.

Monkeylegend

29,138 posts

260 months

Tuesday 23rd January 2018
quotequote all
ade73 said:
Our scheme goes on your best pay over the last 5 years, by going on the different shifts for 3-4 months this sets your pay at that level for the year as we get protected shift premium. So they are getting an inflated final salary as the extra 20% is taken for the whole year. So 3 or 4 months sly shifts counts for the whole of the past 5 years.


The question was on the legality of this.
If you think its a scam or illegal speak to the Pensions Advisory Service. You can google them on-line for a free phone number.