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    • JohnAndrew
    • By JohnAndrew 19th Apr 17, 10:33 AM
    • 6Posts
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    JohnAndrew
    Tupe and council pension
    • #1
    • 19th Apr 17, 10:33 AM
    Tupe and council pension 19th Apr 17 at 10:33 AM
    I work for a scottish local council and my job is being taken over by a charitable trust. My understanding of Tupe is that the charitable trust will be my new employer when the date of the takeover comes and a new contract will be issued. The local government pension scheme states that I cannot claim my pension and still be employed by the council. However, I was wondering if I could take my pension when my contract is ended at the new trust taking over as I feel that I won't be employed by the council anymore but still carry on doing the same job. Your thoughts please?
Page 1
    • sangie595
    • By sangie595 19th Apr 17, 12:50 PM
    • 3,359 Posts
    • 5,582 Thanks
    sangie595
    • #2
    • 19th Apr 17, 12:50 PM
    • #2
    • 19th Apr 17, 12:50 PM
    Scotland may be different, but in England and Wales, such TUPE would often leave you in the local government pension scheme and the rules would remain the same. The pension would be attached to the job, not the employer - you couldn't retire and still work in the same job. But this can only be answered by the pension fund - there are variables that nobody here could know about.
    • Manxman in exile
    • By Manxman in exile 19th Apr 17, 1:28 PM
    • 629 Posts
    • 408 Thanks
    Manxman in exile
    • #3
    • 19th Apr 17, 1:28 PM
    • #3
    • 19th Apr 17, 1:28 PM
    You might be better off posting on the pensions board (if you haven't already done so)
    • hyubh
    • By hyubh 19th Apr 17, 3:00 PM
    • 1,820 Posts
    • 1,344 Thanks
    hyubh
    • #4
    • 19th Apr 17, 3:00 PM
    • #4
    • 19th Apr 17, 3:00 PM
    I work for a scottish local council and my job is being taken over by a charitable trust. My understanding of Tupe is that the charitable trust will be my new employer when the date of the takeover comes and a new contract will be issued. The local government pension scheme states that I cannot claim my pension and still be employed by the council.
    Originally posted by JohnAndrew
    Check with the pension administrator (likely in house, though not necessary by your current employer) whether the charity will be entering the pension fund as an 'admission body' or will be offering a 'broadly comparable' scheme instead. It may the case that the former is the only option now, though I'm not sure, but in either scenario you won't be suddenly losing membership of a good-quality DB scheme (public sector employees being TUPE'd out are specially protected here).

    If the charity takes the admission body route, then you will have continuous service for pension purposes, so the rule about being unable to draw the pension while still employed in the employment it relates to will still apply. That said, opting out would be foolish anyhow, as the pension being earned is a significant element of your overall renumeration package.
    • sangie595
    • By sangie595 19th Apr 17, 3:09 PM
    • 3,359 Posts
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    sangie595
    • #5
    • 19th Apr 17, 3:09 PM
    • #5
    • 19th Apr 17, 3:09 PM
    I didn't think the OP was suggesting that they opt out. I think they wanted to claim the pension and continue with the job as well.
    • hyubh
    • By hyubh 19th Apr 17, 3:17 PM
    • 1,820 Posts
    • 1,344 Thanks
    hyubh
    • #6
    • 19th Apr 17, 3:17 PM
    • #6
    • 19th Apr 17, 3:17 PM
    I didn't think the OP was suggesting that they opt out. I think they wanted to claim the pension and continue with the job as well.
    Originally posted by sangie595
    Yes, but opting out just prior to the TUPE could potentially be a way to draw the pension shortly afterwards, were the charity to enter into an admission agreement with the pension fund. This is because not being in the scheme at the point of the TUPE may lead to him becoming illegible for it after the transfer, 'avoiding' the rule about having to leave the employment pertaining to the pension being drawn.

    The only other option is to enquire with the employer about a flexible retirement, however I imagine the TUPE makes the successful chances relatively dim... though who knows, the OP would just have to ask HR.
    • JohnAndrew
    • By JohnAndrew 23rd Apr 17, 10:04 AM
    • 6 Posts
    • 0 Thanks
    JohnAndrew
    • #7
    • 23rd Apr 17, 10:04 AM
    tupe
    • #7
    • 23rd Apr 17, 10:04 AM
    thanks to everyone for their replies.
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