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Old employer did not pay pension, what can I do?

 
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v88



Joined: 28 Feb 2010
Location: here

PostPosted: Fri Mar 15, 2013 5:37 pm    Post subject: Old employer did not pay pension, what can I do? Reply with quote

Just wondering if anyone else has had this happen. First came to Korea nearly 7 years ago and knew nothing about what my employer was legally supposed to do. Now looking back through the old pay stubs I find that my 1st employer never paid into my pension (never put my money into it and never matched it). Is there anything I can do about it now?
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Fri Mar 15, 2013 6:21 pm    Post subject: Re: Old employer did not pay pension, what can I do? Reply with quote

v88 wrote:
Just wondering if anyone else has had this happen. First came to Korea nearly 7 years ago and knew nothing about what my employer was legally supposed to do. Now looking back through the old pay stubs I find that my 1st employer never paid into my pension (never put my money into it and never matched it). Is there anything I can do about it now?


Too late. There's statue of limitation on these things. I believe it's 3 or 4 years.
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World Traveler



Joined: 29 May 2009

PostPosted: Fri Mar 15, 2013 6:30 pm    Post subject: Reply with quote

In a 2008 thread, Ttompatz said it is two years. Not sure if the law has changed since then. (I searched online, but to no avail.) Anyone know the answer to that?
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Wildbore



Joined: 17 Jun 2009

PostPosted: Fri Mar 15, 2013 10:09 pm    Post subject: Reply with quote

The authority to collect is valid for 3 years. It states this quite clearly in the pension act PDF located at the NPS website. You said they didn't pay, but did they deduct it from you and pocket it?

However, even though the government has no authority to collect the money, they still may be able to levy a fine against this employer.
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World Traveler



Joined: 29 May 2009

PostPosted: Fri Mar 15, 2013 10:28 pm    Post subject: Reply with quote

Wildbore wrote:
The authority to collect is valid for 3 years. It states this quite clearly in the pension act PDF located at the NPS website.

Really? Because I just found a more recent post that said
ttompatz wrote:
You have 2 years after termination of employment to file the claim for unpaid contributions.

I hope it really is 3 years. That would be a step in the right direction for progress (progressiveness and fairness).
Wildbore wrote:
even though the government has no authority to collect the money

They don't have the authority? Why not? Can't they seize the person's assets? I mean, it is a clear case of theft. (In my particular case, after not paying into it at all, and then being forced to pay into it, the employer under reported my salary in order to save a few hundred bucks.)
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Wildbore



Joined: 17 Jun 2009

PostPosted: Sat Mar 16, 2013 10:57 am    Post subject: Reply with quote

World Traveler wrote:
Wildbore wrote:
The authority to collect is valid for 3 years. It states this quite clearly in the pension act PDF located at the NPS website.

Really? Because I just found a more recent post that said
ttompatz wrote:
You have 2 years after termination of employment to file the claim for unpaid contributions.

I hope it really is 3 years. That would be a step in the right direction for progress (progressiveness and fairness).


If you would have bothered to do the two minutes of research, you would have found section 115 of the national pension act. And yes, they can seize assets, but obviously they don't do that immediately.

Quote:

Article 115 (Period of Prescription)
(1) The right of the NPS to collect or recover pension contributions, funds to be
recovered, and other dues under this Act shall expire if it is not exercised within
three years,
and the right of beneficiaries or insured persons to claim benefits or to
receive any excessive or erroneous contributions shall expire if it is not exercised
within five years.
(2) While the payment of the total benefits is suspended, the period of prescription of
the right to receive benefits shall not commence.
(3) Notice for payment of pension contributions and other dues under this Act, the
demand for payment as referred to in Article 95(1) and claim for the payment of
benefits or refund for excessive or erroneous contributions, shall cause the
suspension of the extinctive prescription.
(4) The extinctive prescription, if suspended under paragraph (3), shall begin anew
from the time when the designated payment period by the notice or demand for
contributions lapses.
(5) In calculating the period concerning claim for the payment of benefits or the
refund of excessive or erroneous contributions referred to in paragraph (1), the
document's delivery period shall not be included.
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v88



Joined: 28 Feb 2010
Location: here

PostPosted: Mon Mar 18, 2013 7:35 am    Post subject: Reply with quote

Thanks for the replies!

Too bad I didn't bother to look into this a few years back.
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