Arrears for preserved benefit (public sector pension)?

Doe anyone know if you can get "backpay" for a preserved pension you didn't know you could claim? I have preserved benefits from public sector employment 1998-2003. I opted not to transfer those benefits to another job when I left. I am now approaching 64 and was researching when to draw down the preserved benefits, etc. It turns out that my "normal pension age" in that previous employment was 60, i.e. I could have started to claim that pension over 3 years ago. I asked if the annual pension would be backdated to my 60th birthday, but they said no. Has anyone had experience of applying for a deferred pension a few years late, so to speak?

rachel2023 said:

I asked if the annual pension would be backdated to my 60th birthday, but they said no.

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Who is “they” exactly?

Did they attempt to contact you approaching your 60th birthday to advise you of your entitlement?

I think it’s only fair that you should get a backdated pension but I’m not sure of the rules or practice.

rachel2023 said:

Doe anyone know if you can get "backpay" for a preserved pension you didn't know you could claim? I have preserved benefits from public sector employment 1998-2003. I opted not to transfer those benefits to another job when I left. I am now approaching 64 and was researching when to draw down the preserved benefits, etc. It turns out that my "normal pension age" in that previous employment was 60, i.e. I could have started to claim that pension over 3 years ago. I asked if the annual pension would be backdated to my 60th birthday, but they said no. Has anyone had experience of applying for a deferred pension a few years late, so to speak?

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I suspect that very few people don't claim their preserved pension on the due date, hence whoever you spoke to may not have encountered your situation before. I would ask for a written decision (if you haven't already received one) and as soon as you get it, contact the Ombudsman's Office and ask them to take up your case.

"They" is my former employer. I don't really want to name them. Public sector. And no, they did not attempt to contact me approaching my 60th birthday. Is there any obligation on a public sector body to advise employees with preserved benefits that they are approaching retirement age? In my case, I left that employment in 2003 and "froze" the benefits.
I will follow up the other poster's suggestion to ask for a written decision and reason, which I may take up with Ombudsman if necessary.

Were they a trustee of the pension or were they a HR person who spends their day dealing with holiday and sick leave requests. Not the name of the organisation.

The approach you could possibly use is that you are regularising your pensions and note that company did not contact you prior to your 60th birthday to make arrangements for the normal drawdown of your deferred pension, You now wish that regular payments start and all unpaid pension entitlements are paid as soon as possible.

The lack of communication on their part or your part should not preclude you from obtaining your pension entitlements from the original draw down date of your 60th birthday.

The rules for public service pay and pensions are notoriously vague. I had a look through the Circulars on circulars.gov.ie and couldn’t find a specific reference to backdated periods for late claims. Have a look yourself and you might have more luck - it is several hundred pdfs some of which are no longer in force partially or wholly. My own view is that you’ve given the state an interest free loan and should be fully reimbursed.

rachel2023 said:

I will follow up the other poster's suggestion to ask for a written decision and reason, which I may take up with Ombudsman if necessary.

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I think this is the right approach. When you get a written decision and appeal make it clear that you are making a complaint and that you are seeking a final answer. Only after that can you take it to the FPSO.

In parallel I would write a letter to the Secretary of the Department Public Expenditure, NDP Delivery, and Reform asking:

“Please provide me with all legislation (including circulars) and/or internal policy guidance on:
A) policy regarding the payment of backdated arrears for late claims for public service pensions;
B) policy regarding the obligation of public service bodies to contact preserved pension holders advising them of their superannuation rights both on resignation and when approaching the date when pension drawdown is possible.”

Do let us know how you get on!

Thanks for tips and advice. I'll keep you posted re outcome. It may take a while...

Just came across this post. Interesting - I have one of those "preserved" pre-1995 Civil Service pensions (approx 10 years at Clerical Officer level throughout the 1980s.) Given that I'm now a few years over 60 (still working but winding down very soon) I should probably apply for the preserved monthly amount and the lump sum asap? According to the modeller it appears to be worth just under €5,000 per annum pension and about a €13,000 lump sum. I'd be very interested to hear if I could claim arrears on the pension amount as the "normal" retirement age appears to be 60 for that cohort of Civil Servants.

rachel2023 said:

Doe anyone know if you can get "backpay" for a preserved pension you didn't know you could claim? I have preserved benefits from public sector employment 1998-2003. I opted not to transfer those benefits to another job when I left. I am now approaching 64 and was researching when to draw down the preserved benefits, etc. It turns out that my "normal pension age" in that previous employment was 60, i.e. I could have started to claim that pension over 3 years ago. I asked if the annual pension would be backdated to my 60th birthday, but they said no. Has anyone had experience of applying for a deferred pension a few years late, so to speak?

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Thanks to those who gave advice in response to my initial query. I am happy to report that I managed to get the preserved pension back-dated to my 60th birthday. The pension trustees initially said this wasn't possible, but after further probing on my part, and an official letter of complaint, they said that they had found a precedent in the Civil Service and could therefore argue the case for backdating mine. I didn't need to go as far as the Pensions Ombudsman in the end, but going through the motions as recommended on that site was helpful. As I have had another public sector employer since I left that first job, they are still calculating "abatement" etc. But the outcome is positive and I'm grateful for advice on this forum. It is worth noting that I was only a little over 5 years in that job (with retirement at age 60), so it might be a tougher battle for anyone who was in a public sector job much longer and had years and years of preserved benefit!