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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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can my employer withold my civil service pension?

Resolved Question:

can my employer withold my civil service pension? I am already retirement age.

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was this a contributory or non-contributory pension scheme and have you checked the policy scheme to see what it says about the employer's ability to withhold it?

Customer:

It is a contributory scheme civil service pension. I cannot check the policy details as it is in my desk within the office and I am no longer allowed access.

Ben Jones :

The employer’s rights would very much depend on the specific pension scheme policy that you were contributing towards – each scheme will have its own rules and they are the ones that would govern your and your employer’s rights in the event that they may wish to withhold it. You may not have access to this right now but you should be given this information and if the employer is being difficult about providing it then you should try and contact the pensions provider directly for it.


 


In general, contributory pension schemes cannot be fully withheld though and you would at last be able to get your own contributions. There may be circumstances when under certain conditions the employer may be able to withhold part of a contributory pension scheme, which would be all or part of their contributions but you will get to keep those contributions which you had made yourself and which were taken off from your pay. But as mentioned it does depend on the individual scheme you were contributing to so you would need to check that.


 

Customer:

This doesn't really move me forward on this as I cannot access the pension provider as that is a government scheme. How would I claim even just the contributions that I have made?

Ben Jones :

I understand but there is little I can do without knowing the scheme details....So you have to see what the employer does and whether they officially decide to withhold the pension in its entirety then you can consider going to the Pensions Ombudsman and after that you also have court as an option

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

It hasn't really answered my question. I would have thought this would have been a lot more clear cut.

Ben Jones :

It certainly is not and it mostly depends on the policy scheme rules, which I have not seen and without these I cannot give you more detailed information so with all due respect I am working with very little information here and therefore can only provide advice based on what I have

Customer:

Thank you

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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