Pension Fund

Slamz

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Hi Guys

So i need some advise here, my SO is getting retrenced, got her letter on Friday, end March is her last day. So with her retrenchment pack for documentation, they told her what she needs to look out for and confirm before she leaves. Now she asked her HR for a recon on her pension fund to see what the total value is, and the lady told her that the last time she paid was last year June, bearing in mind this fund is administered by the company. A full 9 months later they only picked up that they were not deducting any contributions from her salary to the pension fund(only because she requested the recon), and now she is losing whatever money is owed to her.

Is there any course of action we can take regarding the money that should of been owed to her(dont know), if they cannot resolve this? We looked at her payslip and they only have the company contribution portion and not hers, and there has never been any communication from her stating she does not want to contribute to pension any more....

I know we should of picked it up then, and it is our fault to a degree, but they have messed up her slary before because this was the time she just got back to work fom maternity leave and even then, they didnt pay her her full salary and had to sort that out. It seems when they sorted her salary mess they then made this one....

Any advise is much appreciated.
 
Hi Guys

So i need some advise here, my SO is getting retrenced, got her letter on Friday, end March is her last day. So with her retrenchment pack for documentation, they told her what she needs to look out for and confirm before she leaves. Now she asked her HR for a recon on her pension fund to see what the total value is, and the lady told her that the last time she paid was last year June, bearing in mind this fund is administered by the company. A full 9 months later they only picked up that they were not deducting any contributions from her salary to the pension fund(only because she requested the recon), and now she is losing whatever money is owed to her.

Is there any course of action we can take regarding the money that should of been owed to her(dont know), if they cannot resolve this? We looked at her payslip and they only have the company contribution portion and not hers, and there has never been any communication from her stating she does not want to contribute to pension any more....

I know we should of picked it up then, and it is our fault to a degree, but they have messed up her slary before because this was the time she just got back to work fom maternity leave and even then, they didnt pay her her full salary and had to sort that out. It seems when they sorted her salary mess they then made this one....

Any advise is much appreciated.

You're right, you guys should have picked it up earlier as it wasn't coming out of the salary. I know if my company stopped taking some of my salary for my pension, I'd noticed on the first pay slip!
As for recourse, I don't think there is much you guy can do.
 
Make sure they pay the contributions to the Pension Fund plus any growth that would have accumulated on those contributions
 
Have a look at your SO's contract. It should stipulate how changes can be made to her pension fund contributions. If it does not give the company any legal right to stop pension fund contributions without the employee's approval then I beleive you might have a case. Rather take it from the angle that they altered her pension fund without her consent rather than focusing on the fact that the funds weren't allocated to her PF. In other words, look at the root not the effect.
I'm not a lawyer :)
 
Have a look at your SO's contract. It should stipulate how changes can be made to her pension fund contributions. If it does not give the company any legal right to stop pension fund contributions without the employee's approval then I beleive you might have a case. Rather take it from the angle that they altered her pension fund without her consent rather than focusing on the fact that the funds weren't allocated to her PF. In other words, look at the root not the effect.
I'm not a lawyer :)
You omitted a tl;dr disclaimer.
 
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