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My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. - Career (2) - Nairaland

Nairaland Forum / Nairaland / General / Career / My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. (10759 Views)

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Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by slap1(m): 9:47am On Dec 04, 2016
Satioshi:


Very correct. The PFAs do not have the powers to compel defaulting employers to pay.The Commission has a compliance department that compels them to pay not only the deducted contributions but also a penalty of 2% of the deducted sum to the RSA(Retirement savings account) holder for every 14 days it is withheld after deduction and 1% of the same amount to the Commission. So you and your colleagues should write a letter to the Commission and send it via email on info@Pencom.gov.ng or submit it at the South West regional office at 88A Oduduwa Crescent, Ikeja Lagos or call 08055998808. Remember to attach your RSA statements and appointment and exit letters as proof of the under-remittance.

I have some money in my RSA account. Do you know when I'll be eligible to access the money and how to go about it?
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Bishop(m): 11:15am On Dec 04, 2016
ezebunafo:
Please nairalanders I really need your advice on this,what can be done when a former company that sacked many staff,and some resigned willingly is yet to pay about 23 months unremitted pension funds to the affected staff's R.S.A ?when confronted they claimed that states are owing too.

Report to FIRS, pencom is a toothless bulldog, I had the same issue years back, i even petitioned through the office of the attorney General of Lagos state to my dismay nothing was done. i have stopped paying tax until it's sorted put.

May i ask if your MD is a woman ?
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Adesiji77: 1:39pm On Dec 04, 2016
Satioshi:


Very correct. The PFAs do not have the powers to compel defaulting employers to pay.The Commission has a compliance department that compels them to pay not only the deducted contributions but also a penalty of 2% of the deducted sum to the RSA(Retirement savings account) holder for every 14 days it is withheld after deduction and 1% of the same amount to the Commission. So you and your colleagues should write a letter to the Commission and send it via email on info@Pencom.gov.ng or submit it at the South West regional office at 88A Oduduwa Crescent, Ikeja Lagos or call 08055998808. Remember to attach your RSA statements and appointment and exit letters as proof of the under-remittance.

Well said, thumbs up bro.

@Ezebunafo: You may also blow a whistle on them through FIRS going by the experiences of others on this thread. If they have not been remitting your contributions, there is a possibility that they have not been remitting your taxes too! wink
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by youngwarlocks: 1:52pm On Dec 04, 2016
Ariel20:


Practical answers bro

What is there to pray about when we have regulatory bodies?

My God. is this what Christianity is about?

Imagine Jesus was on earth and on NL. Do you think he would ask her to pray or apply wisdom and give her practical steps to resolve the issue cos it's her entitlement.

We Christians need to be more intelligent in our approach to issues.

blood is hot??........ he should pray then take steps are you okay now?

I would not expect him to pray and then sit down, he has to take necessary steps too. once again Happy Sunday

1 Like

Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Nobody: 1:54pm On Dec 04, 2016
youngwarlocks:


blood is hot??........ he should pray then take steps are you okay now?

I would not expect him to pray and then sit down, he has to take necessary steps too. once again Happy Sunday

Lol..now you are talking.

Just like telling a hungry person to pray for food when you can give him money to buy food.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by David0(m): 5:00pm On Dec 04, 2016
olujaidi:


They should at least start the battle

There must be an evidence of an offer letter issued by the employer indicating terms n conditions, including salary n other benefits which is usually broken down.
If pension is not inclusive, he shud not bother. Even if pension is inclusive, does he still hv d offer letter cos d company can deny dey don't know him.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by harveyspec: 5:20pm On Dec 04, 2016
MathsChic:
Pray they don't know anyone in those agencies mentioned, else your petition go just enter voice mail, lol.
Seriously though, you need to check your contract. Did they say they'll pay? If yes, engage a lawyer.

1.what happens in a case where pension is not included in ones contract/employment letter but pension deduction are made monthly with payslip as proof

Also some months have been paid into the RSA

Can one still fight this even though the contract doesn't talk about pension

2.what can one also do in a situation where there is no TIN or tax clearance reciept from ones employer despite the fact that tax deductions are being made. I have been with them for 8yrs.


They have refused to even tell us the percentage used in calculating our tax & my tax is high compared to my pay

CC
Adesiji77
Satioshi
David0
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by harveyspec: 5:24pm On Dec 04, 2016
Bishop:


Report to FIRS, pencom is a toothless bulldog, I had the same issue years back, i even petitioned through the office of the attorney General of Lagos state to my dismay nothing was done. i have stopped paying tax until it's sorted put.

May i ask if your MD is a woman ?

Pls how did you stop paying your tax? I thought personal income tax was removed at source by one's employer
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by harveyspec: 5:27pm On Dec 04, 2016
David0:


There must be an evidence of an offer letter issued by the employer indicating terms n conditions, including salary n other benefits which is usually broken down.
If pension is not inclusive, he shud not bother. Even if pension is inclusive, does he still hv d offer letter cos d company can deny dey don't know him.

let's assume it wasn't included in the contract letter, won't they be opening up to liabilities cos the pension makes it mandatory for all companies to make pension deductions

I know the law is an ass but I just wanna know
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Bayous21: 5:40pm On Dec 04, 2016
@Op
do you have an employment letter issued to you and were you given an employee handbook too. these two documents are very important to pursue your matter.
come and make a report to federal ministry of labour and employment, it is in front of immigration passport office ikoyi.
i can assure you that the matter will be looked into. ask for the office of controller. he will listen to your complain and the MD of that company will be summoned. try and come tomorrow monday with the documents.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by ezebunafo(m): 6:15pm On Dec 04, 2016
Bishop:


Report to FIRS, pencom is a toothless bulldog, I had the same issue years back, i even petitioned through the office of the attorney General of Lagos state to my dismay nothing was done. i have stopped paying tax until it's sorted put.

May i ask if your MD is a woman ?
lol a man
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by ezebunafo(m): 6:18pm On Dec 04, 2016
David0:


There must be an evidence of an offer letter issued by the employer indicating terms n conditions, including salary n other benefits which is usually broken down.
If pension is not inclusive, he shud not bother. Even if pension is inclusive, does he still hv d offer letter cos d company can deny dey don't know him.
I have every document to back it up,the pension is stipulated in my call up later
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by rhames(m): 6:28pm On Dec 04, 2016
ezebunafo:
Please nairalanders I really need your advice on this,what can be done when a former company that sacked many staff,and some resigned willingly is yet to pay about 23 months unremitted pension funds to the affected staff's R.S.A ?when confronted they claimed that states are owing too.

Get a lawyer to take your brief and deal with the situation.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by olujaidi: 6:46pm On Dec 04, 2016
David0:


There must be an evidence of an offer letter issued by the employer indicating terms n conditions, including salary n other benefits which is usually broken down.
If pension is not inclusive, he shud not bother. Even if pension is inclusive, does he still hv d offer letter cos d company can deny dey don't know him.

ezebunafo:
I have every document to back it up,the pension is stipulated in my call up later
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Adesiji77: 9:50pm On Dec 04, 2016
harveyspec:


1.what happens in a case where pension is not included in ones contract/employment letter but pension deduction are made monthly with payslip as proof

Also some months have been paid into the RSA

Can one still fight this even though the contract doesn't talk about pension

2.what can one also do in a situation where there is no TIN or tax clearance reciept from ones employer despite the fact that tax deductions are being made. I have been with them for 8yrs.


They have refused to even tell us the percentage used in calculating our tax & my tax is high compared to my pay

CC
Adesiji77
Satioshi
David0

I will address question 1: Your employment letter does not have to mention "pension".

According to the Pension Reform Act 2014, in addition to all employees in the public sector, private organizations with employees numbering 15 and above are expected to be part of the contributory pension scheme. Fortunately, you have payslips that indicate that pension deductions are being made from your monthly income.

Since you are still working with the organization, I suggest that you approach the matter with discretion and not "fight" them for now unless you have gotten another job. After all, you have documentary proof that deductions are being made from your income. That should suffice for now. You live to fight another day...

cc: Cecegal
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by nmreports: 10:40pm On Dec 04, 2016
Adesiji77:


I will address question 1: Your employment letter does not have to mention "pension".

According to the Pension Reform Act 2014, in addition to all employees in the public sector, private organizations with employees numbering 15 and above are expected to be part of the contributory pension scheme. Fortunately, you have payslips that indicate that pension deductions are being made from your monthly income.

Since you are still working with the organization, I suggest that you approach the matter with discretion and not "fight" them for now unless you have gotten another job. After all, you have documentary proof that deductions are being made from your income. That should suffice for now. You live to fight another day...

cc: Cecegal

It's actually 3 and above but I know they mentioned 15. Don't really know how to explain so won't argue further but you seem very enlightened.

Also @ Op, FIRS body is always hot when they hear such things as this so kindly visit one of their offices.
PENCOM is too bureaucratic.

1 Like

Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Adesiji77: 10:56pm On Dec 04, 2016
@nmreports: The Act did mention that private organizations with minimum of 3 employees are eligible to be part of the CPS but it is not mandatory for them to do so.

However, those that have manpower of 15 and above are required to be part of the scheme.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Satioshi: 11:14pm On Dec 04, 2016
slap1:


I have some money in my RSA account. Do you know when I'll be eligible to access the money and how to go about it?
If you are still below 50 and have exited your job, you have to wait for four months to be able to access 25% of your total balance. You would require an exit letter( depending on the mode of exit, an acceptance of resignation or termination letter), a birth certificate or age declaration, valid means of ID, 1 passport photo and the details of your bank account.

If however you are 50 and above, you apply immediately after retirement and get the total value if your balance is 550, 000 or less, it is called Enbloc.Where it is more than that,you apply for Programmes withdrawal. A lump sum of between 25%-50% is paid based on a caluculation using factors like age, sex (hypothetical life expectancy of 82 for males and 84 for females) and the last salary before retirement. The rest is paid monthly. You can also opt for Annuity which is offered by life Insurers.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Satioshi: 11:25pm On Dec 04, 2016
Adesiji77:


I will address question 1: Your employment letter does not have to mention "pension".

According to the Pension Reform Act 2014, in addition to all employees in the public sector, private organizations with employees numbering 15 and above are expected to be part of the contributory pension scheme. Fortunately, you have payslips that indicate that pension deductions are being made from your monthly income.

Since you are still working with the organization, I suggest that you approach the matter with discretion and not "fight" them for now unless you have gotten another job. After all, you have documentary proof that deductions are being made from your income. That should suffice for now. You live to fight another day...

cc: Cecegal

I completely agree. An employer with 3 or more employees by regulation is compelled to participate in the Contributory Pension Scheme. The deduction is 8% from the employee and 10% from the employer of at least the basic salary, transport and housing allowances plus other emoluments if any. Of course either party could decide to do more.

Your letter doesn't need to state that Pension would be paid. It is incumbent upon employers to pay it under the PRA 2014. As it concerns your unremitted deductions, you may refer to my earlier response on the subject but I advise you thread carefully seeing as you are still in employment. You may want to do it anonymously or wait until you leave.

Hope this helps.

1 Like

Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Satioshi: 11:29pm On Dec 04, 2016
nmreports:


It's actually 3 and above but I know they mentioned 15. Don't really know how to explain so won't argue further but you seem very enlightened.

Also @ Op, FIRS body is always hot when they hear such things as this so kindly visit one of their offices.
PENCOM is too bureaucratic.

Yes you are correct baba. It is actually compulsory for employers with 3 employees and above but optional for those with less.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by slap1(m): 12:16am On Dec 05, 2016
Satioshi:

If you are still below 50 and have exited your job, you have to wait for four months to be able to access 25% of your total balance. You would require an exit letter( depending on the mode of exit, an acceptance of resignation or termination letter), a birth certificate or age declaration, valid means of ID, 1 passport photo and the details of your bank account.

If however you are 50 and above, you apply immediately after retirement and get the total value if your balance is 550, 000 or less, it is called Enbloc.Where it is more than that,you apply for Programmes withdrawal. A lump sum of between 25%-50% is paid based on a caluculation using factors like age, sex (hypothetical life expectancy of 82 for males and 84 for females) and the last salary before retirement. The rest is paid monthly. You can also opt for Annuity which is offered by life Insurers.

Wow! Thanks!
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by nmreports: 8:01am On Dec 05, 2016
Adesiji77:
@nmreports: The Act did mention that private organizations with minimum of 3 employees are eligible to be part of the CPS but it is not mandatory for them to do so.

However, those that have manpower of 15 and above are required to be part of the scheme.

Oh loud and clear now.

1 Like

Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by David0(m): 11:41am On Dec 05, 2016
ezebunafo:
I have every document to back it up,the pension is stipulated in my call up later

At d bolded is fine, so long as u submitted ur pension number to d company, u r good to go.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by David0(m): 11:49am On Dec 05, 2016
harveyspec:


let's assume it wasn't included in the contract letter, won't they be opening up to liabilities cos the pension makes it mandatory for all companies to make pension deductions

I know the law is an ass but I just wanna know

That depends on the terms of contact BTW both parties, for instance, most companies don't pay pension for corpers, even some outsourced staffs don't get it. Also most one man businesses don't. So it all depends.

Some companies don't indicate it on d offer letter but d employee usually go through d registration process n get monthly pension alert.

Most reputable companies will indicate it in ur offer letter in %tage so u ll know wat to expect as monthly deduction.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by Lawalemi(m): 8:10pm On Dec 05, 2016
Be on them. Don't give up
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by OperaMini1(m): 12:44pm On Dec 11, 2016
harveyspec:


1.what happens in a case where pension is not included in ones contract/employment letter but pension deduction are made monthly with payslip as proof

Also some months have been paid into the RSA

Can one still fight this even though the contract doesn't talk about pension

2.what can one also do in a situation where there is no TIN or tax clearance reciept from ones employer despite the fact that tax deductions are being made. I have been with them for 8yrs.


They have refused to even tell us the percentage used in calculating our tax & my tax is high compared to my pay

CC
Adesiji77
Satioshi
David0

Send your email address, I'd send you a template with which you could calculate your tax by yourself .

2 Likes

Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by harveyspec: 4:29pm On Dec 11, 2016
OperaMini1:


Send your email address, I'd send you a template with which you could calculate your tax by yourself .

harveyspecter511@gmail.com
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by OperaMini1(m): 6:26am On Dec 12, 2016
harveyspec:


harveyspecter511@gmail.com

Check your email.
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by harveyspec: 1:43pm On Dec 12, 2016
OperaMini1:

Check your email.
thanks
Re: My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. by frank043(m): 11:57am On Dec 17, 2016
OperaMini1:


Send your email address, I'd send you a template with which you could calculate your tax by yourself .

Please, I will also need that template. Thanks.
Here is my email add: fenusn@gmail.com

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