Another separate question for Buachaill on pension/redundancyThe letter of offer of redundancy from my employer did not state any figure for pension.But in my telephone conversation and emails with the firms HR Department and its outside pension advisors the figure was clearly established.Here is what I said in my email of 18 March 2009 to the firms HR Department;I understand from our discussion a few minutes ago that if I apply for Voluntary Redundancy, and my application is accepted, I will be given credit for a full extra 9 years service.That means that my deferred pension which will commence at age 65 at the amount of €51,560.I understand you have confirmed this with the Managing Partner.She replied in a one line email the next day:"Apologies for the delay in responding to you. You will receive the credit for the 9 additional years."I think there is no dispute about the amount of the pension I am to get. It was sanctioned by the managing partner in his capacity as managing partner - he is not a trustee.If there is a problem it is that the formal letter of 27 March from the firm offering redundancy does not specify any figure.Here is what it said:Pension and TaxIf you require specific advice in respect of pensions or tax relative to this scheme please contact HR who will facilitate your request.Pension StatementA statement of your deferred pension benefits (if any)will be furnished to you following the termination date and these are subject to the applicable Deed and Rules of the firm's pension plan of which you are a member."
Text Books 1 Employment Law Regan
2 Irish Pensions Law Finnucane
Pensions Board website
BAILII for case law
1. At this stage you need to hire yourself a solicitor with experience in the area of pensions who can read all of the documentation which passed between yourself and your employer when the voluntary redundancy was accepted. This is merely a Question & Answer forum and any answer given here will be incomplete because an additional document or letter may have added significance in the circumstances. All of the documentation will have to be read and discovery got from your employer of all the documents which passed between you and them. Quoting from emails in isolation and seeking advice on it will only get you an answer which is incomplete and may not be correct. For example what you state, that the figures were firmed up between you and the external pensions adviser suggest that there was a representation made, but then the caveat you state at the end that your pension benefits are subject to the applicable Deeds & Rules of the firm's pension plan suggests that the representations may not have been binding. So you really need someone to read all the applicable documentation and not advise you on some in isolation.
Barrister 17 years experience
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