# Leaving job before 2 years paying into pension. Employer clawback.



## OkeyDokey (11 Aug 2011)

I'm leaving my job. I have been paying into a pension for 20 months. I understand that my employer is entitled to claw back his contributions.

Someone told me recently that my employer can't do this if I transferred my previous pension (paid into over 5 years) into this fund. Which I did. 

Is this true?

I can't find any reference to it in [broken link removed]


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## TheFatMan (11 Aug 2011)

Leave pension where it is for another few months and Employer can't take his portion back.


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## OkeyDokey (11 Aug 2011)

TheFatMan said:


> Leave pension where it is for another few months and Employer can't take his portion back.



That's great news. Thanks.


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## Dave Vanian (11 Aug 2011)

TheFatMan said:


> Leave pension where it is for another few months and Employer can't take his portion back.


 
This is wrong.  The two years is two years pensionable service, which will end when the poster leaves.  Choosing to wait around for a few months won't extend the pensionable service and besides, the employer can claim their refund as soon as the poster leaves.  

That said, as the poster has transferred a fund from a previous scheme, service is also transferred so it doesn't apply anyway.  The employer cannot claim back their contributions.


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## OkeyDokey (11 Aug 2011)

Dave Vanian said:


> That said, as the poster has transferred a fund from a previous scheme, service is also transferred so it doesn't apply anyway.  The employer cannot claim back their contributions.



Thanks Dave. Would you know where I can find the rules and regulations regarding transferred pensions? I would like to show them to my employer.


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## OkeyDokey (12 Aug 2011)

I found this. [broken link removed]

_I have been employed for less than two years, what happens my pension fund?

In most cases, your employer will refund you the contributions which you have made to the scheme and they will be taxed at 20%. Your employer’s contributions will revert to your employer. You can’t do anything about this as your employer is not obliged under law to give you accrued pension rights until you have two years’ service.

*If you have transferred your rights from a previous employer’s pension scheme, then the two years is reduced by the length of membership in that scheme..*_

I have transferred my previous pension into my current one is that in effect "transferring my rights"?


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