Blackmailed by ill health pension provider ?

Andy_L

What, specifically, happened to your pension at the time of transfer?

At the time pensions were excluded from TUPE (even now the new employer only has to meet a minimum standard not match the old employers scheme) so was your CS pension:
1. transfered to the new employers scheme or
2. left with the CS & you became a deferred member and service with the new employer accrued pension under their scheme rules or
3. The new employer allowed you to continue accruing pension benifits under the CS scheme rules with no break in service?

50Twuncle

Andy_L wrote: »

What, specifically, happened to your pension at the time of transfer?

At the time pensions were excluded from TUPE (even now the new employer only has to meet a minimum standard not match the old employers scheme) so was your CS pension:
1. transfered to the new employers scheme or
2. left with the CS & you became a deferred member and service with the new employer accrued pension under their scheme rules or
3. The new employer allowed you to continue accruing pension benifits under the CS scheme rules with no break in service?

2 but with 3 in that I had no break in service !!
As it stands - I am receiving a deferred ill health pension from civil service and a reduced pension from my next employer (reduced by an arbitary 0.493 factor - due "to the early payment")

50Twuncle

"Under the Transfer of Undertakings (Protection of Employment) Regulations (commonly known as TUPE), broadly speaking, rights to occupational pension benefits do not transfer from the seller to the buyer of a business.

However, in two cases in the European Court of Justice (known respectively as the Beckmann and Martin cases) it was decided that the occupational pension scheme TUPE exemption did not extend to those pension benefits payable on early retirement, such as enhanced redundancy benefits.

As a consequence of these decisions, early retirement rights such as an enhanced pension on redundancy could transfer from the seller to the buyer on a business acquisition. Even if the current employer is operating a defined contribution arrangement, the rights could still exist."

I would have assumed that ill health retirement should come under "enhanced benefits"

Any comments ??

Linton

21Twinkle wrote: »

"Under the Transfer of Undertakings (Protection of Employment) Regulations (commonly known as TUPE), broadly speaking, rights to occupational pension benefits do not transfer from the seller to the buyer of a business.

However, in two cases in the European Court of Justice (known respectively as the Beckmann and Martin cases) it was decided that the occupational pension scheme TUPE exemption did not extend to those pension benefits payable on early retirement, such as enhanced redundancy benefits.

As a consequence of these decisions, early retirement rights such as an enhanced pension on redundancy could transfer from the seller to the buyer on a business acquisition. Even if the current employer is operating a defined contribution arrangement, the rights could still exist."

I would have assumed that ill health retirement should come under "enhanced benefits"

Any comments ??

The rules explicitly exclude rights and obligations under invalidity pension as being TUPEable. They dont explicitly exclude early retirement. See here for a full explanation.

50Twuncle

Linton wrote: »

The rules explicitly exclude rights and obligations under invalidity pension as being TUPEable. They dont explicitly exclude early retirement. See here for a full explanation.

Mine (invalidity) appears to be covered then ?
ie) If not TUPEable - they are unable to change them ?

Linton

21Twinkle wrote: »

Mine (invalidity) appears to be covered then ?
ie) If not TUPEable - they are unable to change them ?

I meant that the old Ts&Cs dont come over with the transferred employees so the new employers can have different ones. This isnt the case with early retirement. Read the link.

Suggest again that you get expert legal advice. Discussing it with non-experts on an internet forum isnt going to get you to where you want to be.