Loss of pension rights

[rfisher]

When can you lose your pension as an employee?

[The Leaper]

You can't, unless you are offered a new deal that is overall at least as good as the previous deal.

R.

[rfisher]

So if you are dismissed for gross misconduct you still get all the pension you would have got if you had retired on the date of dismissal?

Can an employer ever legally 'adjust' your accrued pension if they are inclined to be vindictive?

[otherman]

No. Earned pension is earned, and in the hands of the trustees who must be set up under the umbrella of a separate company. I assume someone has threatened something, OP?

[Countdown]

rfisher said:

When can you lose your pension as an employee?

I think being sacked from the Police Force can result in your pension being taken off you.

[rfisher]

No, not being leaned on any more than usual by my cuddly mortgage paying, kids' education and toy buying facilitator, just interested to know.

So if you commit a criminal act maybe the court can fiddle with your pension?

Do the Police sign a special contract so that their pension can be affected by dismissal?

Edited by rfisher on Wednesday 7th February 15:09

[Countdown]

Lancs Police Fed said:

An officer convicted of a serious criminal offence can face the possibility of forfeiture of pension under Reg.K5. This does not apply to disciplinary convictions only and the criminal offence in question must fall into one the of the three following categories:

Treason.
Official Secrets Act offences leading to at least 10 years in prison.
An offence connected with police service which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or liable to lead to serious loss of confidence in the public service.

An appeal against a forfeiture decision lies to the Crown Court under reg. H5 and the individual should seek to make representations to the Secretary of Sate in a case where forfeiture depends upon the Secretary of State certificate. It is arguable that natural justice requires the opportunity to make such representations.

http://www.lancashirepolfed.org.uk/what/pensions.htm

HTH

[The Leaper]

I suspect that the Regulations about the Police Pension Scheme are specific to that Scheme only. Other schemes do not have such provisions. So, accrued pension rights are not taken away.

The trustees nor the sponsoring company can reduce accrued benefits for sums owed to them, however those sums arose. The amount owed must be pursued through other means

I think that the three circumstances in the Police Scheme mentioned earlier are very technical and are there because they relate to the police job in a specific way: they would not do so to employment elsewhere.

R.

[rfisher]

Didn't a banker have his pension reduced after the bank went bust a few years ago?

[PJ RS]

In certain specific circumstances, an employer can reduce your accrued pension rights but it usually requires the agreement of the pension scheme trustees. It's known as 'forfeiture of pension'.

I have seen a few cases where an employee has been dismissed and has been found guilty of theft against their employer. The employer can request that the trustees reduce the employee's pension benefits to recoup some of their loss. The trustee would normally agree to such a request if it is a clear cut case.

The last case I saw, an employee was convicted of theft of c£200k against their employer. They repaid £50k, leaving £150k outstanding. They had pension benefits worth £100k. The employer requested that the trustees agree to the forfeiture of the employee's pension - the trustees agreed and the employee lost all of their pension.