Pension Problem

[PurpleParis]

My partner has been off work since March 2009 due to ill health, he was advised by the CAB not to resign from work, after it became apparent that he can no longer work there, he is an engineer and because of the total neuropathy he has, he would not be allowed to use the high speed equipment.
His firm have never finished him on medical grounds, so as far as we were concerned and clearly the DWP, he was technically still employed by them. He had a letter today from his pension plan people telling him that they want over 2K back from his pension plan, as they had still been paying it in.
Now whilst I understand why they want this, surely they are equally culpable because they have continued paying it in.....to be honest they have never bothered to ask him how he is or have very much contact with him, apart from the first couple of months of his illness.
Also.....why haven't the Pension plan people questioned why only the employers contribution was being paid, for 2 and a half years......can anyone shed any light on what our rights are here?
Many thanks in advance

[murraymints]

has he been getting any pay since then..if he has not resigned has he been formally dismissed ??..is he sending in med 3 cert to this employer ?

[THECORBYLOON]

You say that as far as DWP is concerned your partner is "clearly" employed still. If he is getting Incapacity Benefit or Employment and Support Allowance, either benefit would be payable as long as Statutory Sick Pay had stopped so it would not matter if he was employed or no.

[murraymints]

if he is still employed albeit off long term sick then I would say no need to repay ..but difficult to ascertain his status from what you have sadi...

[cathfromsaron]

has this accrued SINCE he left employment OR whilst off sick on sickpay?

[PurpleParis]

He has never been dismissed by them on medical or any other grounds for that matter. The company have been paying his contributions to his pension up to this time, as they have never retired him on medical grounds. Up until the end of April 2012 he was in receipt of ESA but as you might know the government 'moved' the goalposts and you can only have ESA for twelve months....so all we have now is £80 a month disability. e are still waiting the outcome of an appeal for ESA.....but nevertheless the company now want the money back they have paid into his pension....but I believe that as they haven't finished him they should still contribute. We are hoping that at lasy they might retire him on medical grounds....that way they have to pay him any money owed and any holiday pay accrued. I just wondered what the legal stand was with regard to the money they have paid into the pension fund, whilst he has been unwell.

[factor-fiction]

A key point here is the terms and conditions relating to when the company should and should not contribute to the pension. If the contract says they will pay while he's employed then the money need not be repaid. If the contract says they will match his contributions and they paid them in error the employers will probably have the right to reclaim what they paid in error

[cathfromsaron]

surely any repayment will come from the pension pot, not yourselves anyway?

[boxtops]

... I don't understand. The employer's contribution isn't paid to the employee, it's paid into the pension plan - why should the pension people be saying that they want the money back from PP's partner (or have I read this all wrong?)

[boxtops]

^ thanks cath, you beat me to it!

[factor-fiction]

I assume it's not a company pension scheme as such= it's a money purchase scheme I think

[factor-fiction]

... so the money has gone into a pension with Prudential or Scottish Widows or someone like that, and they want PP's husband to authorise a repayment

[PurpleParis]

Yes all.....the money went into a pension pot, so to speak....they are asking him to authorise paying the money back from the pot to the company. Update we have had a call from the guy who is the 'broker' between the company and the pension scheme and he has told us to hold off, he thinks that we may not have to authorise this, as the company were at fault for continuing to pay it.....I shall let you know the outcome....thanks for the advice.