Problems with pension.

[LucyDay]

I have worked for my employer and all of my end of year bonuses have been paid into the pension scheme to enhance my pension since the scheme started in 1986.
I have kept all of my letters including the letters from 1986 to 1989 detailing the amounts paid into the scheme.
My employers have now stated the scheme only started in 1990 and there are no records of my bonus sacrifices before 1990. The figures are correct for amounts sacrificed from 1990 onwards.
I have sent them copies of the letters from 1986 to 1989 and they have replied that as there are no records within the company of the bonus sacrifices and the persons who signed the letters are now deceased and they can not be spoken to the extra pension can not be paid.
The extra pension for the 1986 to 1989 sacrifices will amount to about £600 per year. I am just wandering the best course of action to take?.

Lucy

[craft1948]

Have you contacted the Trustees of the pension scheme?

[factor-fiction]

I hope it's not the trustees that have told you this, but with your paperwork they should be able to investigate it.
To generate a pension of £600 a year you must have put several thousand pounds in for each of those years in for each of those 3 years-.

[Lesjames]

I had a similar problem with my ex employers and got similar answers.
I just said I was going to see a solicitor and I would take legal action against the company.
They then asked me to hold fire for a few days which I did and the records were found.
The problem was they said I was the only one paying AVC'S more than 20 years before retirement and it was missed when my files were put on the new system.
Another route you could take is to complain to the Pensions Ombudsman.
I suspect the problem is missing records.
I am not 100% sure what would happen if you take the Company to court and they say the scheme did not exist at that time and the letters should not have been issued.
I would have thought if the signature is of the authorised pension person at that time the company will have to pay but you will need legal advice.
Whatever you do do not give those letters to the company as they will proably be conveniently lost.

Les

[boxtops]

I agree with Lesjames - whoever signed at the time must have been the legitimate signatory, the fact they are now deceased is not relevant.

[dzug2]

It shouldn't matter whether the people who signed the letters were authorised to do so or not. As long as they were employees of the company they DID commit the company. Whether they were authorised to or not is a disciplinary matter between them and the company and none of your business.

[Lesjames]

Hi Dzug2

I would like to know what disciplinary action could be taken against an ex employee who is deceased or an employee who is now retired unless a criminal offence was committed.

Another thought I have had is was the letter Lucy received on company paper or the trustees.

There is always the possibility the bonus money was taken and it was not handed to the trustees most likely in error as the scheme appears to be at it's early stages.

Either way Lucy should at least be entitled to compensation.
Assuming Lucy is 60 the value of the compensation should be at least £12,000 as it is generally anticipated a person will live 20 years after 60.
Another consideration is the pension one which increases with inflation.

If Lucy passes away in a short time her estate will benefit but if she lives to be say 107 Lucy will lose out.

Les

[dzug2]

<<Hi Dzug2

I would like to know what disciplinary action could be taken against an ex employee who is deceased or an employee who is now retired unless a criminal offence was committed.>>

None of course - that's so glaringly obvious I didn't think it worth spelling out