company pension

[shifty50dog]

My former employers have threatened to deduct monies from my pension,

 

They state that if I continue to put information on web sites about what there staff did to me at there plant which ended in my resignation,

 

 

They have the right to deduct monies to the amount of the settlement figure plus interest and damages to those staff involved under section 19.4,

 

Could you tell me if this is legal

 

 

that's all I want to know,

 

 

If not should I report this to the pensions ombudsman

 

 

I would add this threat was sent by there very high profile solicitor in London.

 

 

Regards shifty

[honeybee13]

Hello.

 

In certain circumstances, workplace pension schemes can make deductions from pension benefits. This would be governed by the scheme rules.

 

I'm a bit confused when you mention a settlement figure, is this a separate matter?

 

Do they say any more about section 19.4, is it part of an Act or maybe the pension scheme rules?

 

Have you been posting what they say?

 

HB

[shifty50dog]

They state this is money owed and that this comes under rule 19.4

[honeybee13]

They state this is money owed and that this comes under rule 19.4

 

Thank you, but rule 19.4 of what please? I don't know.

 

HB

[shifty50dog]

Rule 19.4 of the company pension rules and regulations. The money they say I accepted to drop any claim against them under I think its cot3,

[honeybee13]

Thank you. Are you able to type up what rule 19.4 says please?

 

HB

[honeybee13]

I've alerted the legal guys to your thread.

 

A COT3 is a document that you sign to say you won't make any more claims. Please don't tell us anything about what's in the COT3, but have you made further claims?

 

http://en.wikipedia.org/wiki/Compromise_agreement

 

HB

[shifty50dog]

Rule 19.4 Loss of rights to benefits,

 

Rule 19.4.1 An employer may require the trustees to reduce or stop a persons benefits, Exept for any GMP and any benefits transferred to the plan from a previous pension scheme or arrangement, If the person owes money to the employer and the debt arises out of a criminal, negligent or fraudulent act or omission . If this happens, the trustees will pay the employer an amount equal to the debt or, if less, the value of the forfeit benefits.

 

Rule 19.4.2 The trustees may reduce or stop a persons benefits in order to obtain payment of any debt owed by the person to the plan.

 

Rule 19.4.6 The trustees may also reduce or stop a persons benefits in any other circumstances allowed by law,

 

These rules and regulations supplied to me by Squire Patton Boggs UK LLP Rutland House 148 Edmund Street Birmingham B3 2JR. O n behalf of my former employers,

[shifty50dog]

Under COT3 I have not taken any legal action to gain more money,

[honeybee13]

Thank you for that.

 

This is clearly a high level dispute between you, the company and the Trustees, therefore I suggest that you ask to follow the pension scheme's resolution procedure and if you have already done this, consult TPAS and possibly thereafter the Pensions Ombudsman.

 

HB

[steampowered]

Hello there

 

It depends entirely on what terms are contained in the COT3 or the settlement agreement which you agreed to. You need to get a copy and read it - ask the solicitors for a copy if you don't have it.

 

99% of the time there will be a confidentiality clause which prevents you from disclosing information relating to your settlement and your employment to third parties. You should carefully read the confidentiality clause in your agreement to check whether it covers the information which you want to post on the web. If the COT3 which you agreed to contains a confidentiality clause then you really should not be posting the confidential information online.

 

A Cot3/settlement agreement is a contract and, if you breach the confidentiality clause, the employer can sue you and claim damages for breach of contract. Normally, the employer would have to sue you first in order to establish what loss they have suffered. In this case the employer would struggle to justify making a deduction from your pension unless a court had already assessed what damages you are required to pay.

 

However, these days many settlement agreements include a clause which says that, if you breach the confidentiality clause, you are then required to repay the entire settlement amount. It sounds like this is what you might have here. If this is the case with your agreement, and you then go on to breach the confidentiality clause, then yes it seems that the employer would be entitled to require you to repay the settlement amount and deduct that from your pension.

[shifty50dog]

Yes I understand what you are saying. With not going into to much detail about the cot3 4 years after I resigned one of there staff has now slandered me by saying that I stormed into there office after all the other staff had gone home and that I swore and spat on him two days before I resigned a disgusting lie and the company have refused to retract this accusation knowing it to be a complete lie,

[ericsbrother]

where is the statement published? Slander by a former colleague isnt really going to hurt you unless you are after another job. Who did he say the comments to and how did you hear about it?

Why are you posting on web sites tittle-tattle anyway?

Stop harming yourself for starters and then look at the suggestion of involving the TPAS or pensions Ombudsman if there is a matter that needs determining