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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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If I transfer my pension out of my employer's scheme, do

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If I transfer my pension out of my employer's scheme, do they have to continue to make the same contribution as they were to my workplace pension?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: My manager and I disagree! They offered an enhanced employer's contribution when our DB scheme ended. As I have transferred out they say they will only pay the original percentage, before the enhancement. I have not spoken to a lawyer.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee - no union.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don't think so.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 13 days ago.
Hi

Can I just check how long you have worked for this employer? and if possible, please upload a copy of your contract on here

Customer: replied 13 days ago.
More than 20 years. Sorry have not got the contract available.
Customer: replied 13 days ago.
We went through a proper consultation re the ending of the DB scheme. It is just the matter of the enhancement payment I am arguing about.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. The employer would not necessarily have to continue making the same contributions to your pension scheme if you transfer out. The enhancements could be tied to the employer’s scheme only and be conditional on you subscribing to that scheme. This will depend on what the terms of the contributions were to start with, subject to any subsequent amendments. Therefore, if the wording states that the employer will pay a specific enhancement whilst you contribute in the workplace pension scheme, or something similar to that effect, they can argue that by transferring out, you are no longer meeting these conditions and they do not have to pay these enhancements. So do check your contract or any associated pension policies, the answer will most likely be in there because in the end, pensions contributions are a contractual benefit.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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