Question:
Hi, I resigned from my previous employer in Dec 2014 and have sent my withdrawal forms to them but they are refusing to sign the forms saying that I owe them money that they paid for the hours I didn't work for and I have asked for them for a proof. They haven't sent me any proof and they do not want to sign my forms.
Answer:
Mamorena,
Please refer to our blog on how to claim. Your employer may put a hold on your pay-out pending a criminal investigation or a court case. They can make a claim against your fund only if:
1. if you owe the employer money, or the employer has paid money on your behalf that you need to pay back;
2. if the employer paid you an amount to which you were not entitled to;
3. the employer incurred a loss due to your theft, fraud, negligence or any misconduct on your part, which you have admitted to in writing, or which has been proved in a court of law;
4. any amount, plus interest, for which the Fund is liable under a guarantee furnished by the Fund in your favour in respect of a loan issued to you.
Clearly, the employer believes that you were overpaid, and wishes to recover this money. In the absence of any proof, your former employer is bound by the fund rules to submit the completed claim forms to the fund administrator. If they do not do so, they are in breach of the fund rules. It is the duty of the Fund trustees to ensure that the Fund complies with the rules, so you need to inform the Trustees that your former employer is not signing and submitting the claim form.
To this end, you should therefore send a registered letter to the Fund Trustees (typically care of the fund administrator) informing them that the employer is preventing you from claiming your fund. You may want to send a copy of the letter to your former employer (Head of HR, Head of Finance etc) by way of e-mail, so they are aware that you have taken this step. Failing this step, you can then report the matter to the Pension Funds Adjudicator.
