Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
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Is it prudent to withhold pension benefits from staff who have been dismissed? Our pension scheme has provisions in it relating to withholding benefits in such cases but it was written over 30 years ago.

Posted in : First Tuesday Q&A ROI on 4 February 2014
Zelda Cunningham
Arthur Cox
Issues covered:

Any provision of a scheme that provides for the forfeiture of a preserved benefit or of a minimum contributory retirement benefit is contrary to the Pensions Act 1990 (as amended) (the “Act”). In circumstances where there is a conflict between the Act and a scheme document, the Act overrides any contravening provision of the scheme document. It would be advisable to contact the trustees of the scheme to ascertain what (if any) entitlements are payable. Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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