Death in service benefit

Soldato
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Just looking for people’s experiences of this really, I’m only after information, it may not affect my overall decision; but may at least give me a better picture.

Anyway…

My Dad died in October, we (the family) have since sorted pretty much everything out now and all the applications are being sent off shortly to probate – he didn’t have a mass fortune to his name, quite modest, but one thing we weren’t expecting was death in service benefit. It seems that we have been offered roughly a year’s salary!

Now, as this was unexpected, it’s quite nice to know we will have this. Obviously money will never replace him, but he spent the last few years making an effort to ‘put something by for you kids’… as he said. So I know he would be delighted that we were getting a little more than expected.

However… only a year seems, well, too little. My sister, for example, will get a year’s salary for every year – Dad had worked at his place for about 3-4 years, so I don’t think it is unreasonable to expect more… is it?

To add to the equation, the company that has made the offer were the company that took over, when the previous company he worked for went into receivership, but shouldn’t his years of service before, be taken into account?

I don’t think that any new contracts were signed with the company who took over, though I will review all the paperwork I found, they simply took over paying the staff, whilst bidding for the contract (his employer is a contractor in a local business). There’s also a lot of history with the ‘now’ and ‘then’ employers, where they did not provide my Dad suitable help or assistance in managing his stress – it’s a very long story, but there are letters written by Dad’s GP to the employer; stating that his worsening health was directly linked to his stress levels at work…

So, yeah, well, anything will be nice to read – I haven’t see if there is any legislation, as I guessed death in service was specific and per-company.

:confused:
 
Sorry to hear that but you want more money why?
You'll get offered what ever is in the contract, so have a look at the contact.
 
There's a possibility that the previous years before the new company took over should be taken into account, depending on how it happened. Do you know if your Dad TUPEd to the new company on previous terms?
 
It depends on the company and there insurance cover I would assume. I would get (well my next of kin) 4 times my final yearly salary. If a year is all the cover was for then that's all you'll be entitled to.
 
I find that hard to believe.

My death in service payment to my next of kin would be around that. Purely coincidence, mind. It isn't calculated that way.

[edit]No it isn't, I was basing that on 10 years service, but it's actually over 12.

Where do the years go?
 
If I died now my company would pay 3.5x my salary (if I had a company pension, I have a private one, it'd be 4.5x I believe). I expect this depends on company to company.
 
There's a possibility that the previous years before the new company took over should be taken into account, depending on how it happened. Do you know if your Dad TUPEd to the new company on previous terms?

There was talk of this, I think that's what they did with all the staff... guess I need to look at that some more. Thanks :)

Thanks for all the other replies guys...
 
Just looked up that TUPE thing, and if I'm reading this rightly, I guess it's a no:

TUPE said:
The new employer takes over all rights and obligations arising from those contracts of employment, except criminal liabilities and rights and obligations relating to provisions about benefits for old age, invalidity or survivors in employees’ occupational pension schemes.

I guess that death is service is, in a way, a pension of sorts :confused:

Will keep reading up on TUPE though.

Edit:

TUPE said:
An employee’s period of continuous employment is not broken by a transfer, and, for the purposes of calculating entitlement to statutory employment rights, the date on which the period of continuous employment started is the date on which the employee started work with the old employer. This should be stated in the employee’s written statement of terms and conditions; if it is not, or if there is a dispute over the date on which the period of continuous employment started, the matter can be referred to an employment tribunal

Hmmmm, I think that I'm going to have to have a read up on his documents, but I'm pretty sure he wasn't given a new contract, or made to re-apply for his job, maybe some sort of fixed-fee legal advice will be a good option too...
 
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My death in service payment to my next of kin would be around that. Purely coincidence, mind. It isn't calculated that way.

[edit]No it isn't, I was basing that on 10 years service, but it's actually over 12.

Where do the years go?

Mine is similar. My company will pay up to 12x my annual salary depending upon length of service. There is also life insurance on top of that to consider and the pension benefits also that would be paid out to my wife in the event of my death.

I better not tell her any of this otherwise she might get ideas.:eek:
 
Scort, you might want to start off speaking to CAB. With the amounts we're discussing it's certainly worth seeking advice.

Mine is similar. My company will pay up to 12x my annual salary depending upon length of service. There is also life insurance on top of that to consider and the pension benefits also that would be paid out to my wife in the event of my death.

I better not tell her any of this otherwise she might get ideas.:eek:

I was just thinking the same. I'm not married, but if she knew what I was worth dead my life expectancy would shorten somewhat :D
 
Maximum of 2yrs final salary no matter how long you have worked there (final salary worked out by the best year of the 3yrs prior to death).
 
Having just TUPE's to a new company in the last 6 month I can tell you the following:

-You DO retain your contractual rights from your previous employer until you relinquish your existing contract and sign one with the new company. This can continue indefinately and they cannot force you to change.

-You DO NOT retain any benefits offered by the previous company (pension, health care, etc..) nor are you entitled to any of the new companies benefits (apart from the pension) unless you sign up to their contract.

Hope that helps.
 
Thank you all for the advice, I shall have a chat with the family and see if this is something we wish to persue.

Thanks.
 
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