multiple pension tiers

w00519772

I use to work in the public sector. In 2013 my department was outsourced to the private sector and my contract of employment was transferred under the TUPE scheme. I discovered today that my employer has only contributed 1% to my pension since the contract was transferred.

It appears that there were two tiers. The tiers differed in terms of employee contributions (1% and 3%) and employer contributions (1% and 5%). I contribute 1% and my employer contributes 1%.

Apparently there was a deadline to fill in the form to get the better contribution, which I may of missed. I am usually very consiencious about money so cant see myself missing a deadline.

Is it normal to have multiple tiers and will I now be stuck in the poor tier forever?

xylophone

Do you have an information booklet about your pension?

hyubh

w00519772 wrote: »

I use to work in the public sector. In 2013 my department was outsourced to the private sector and my contract of employment was transferred under the TUPE scheme.

Why did 'Fair Deal' not apply? The fact it didn't for some reason makes your tiers issue very small beer indeed by comparison (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262490/PU1571_Fair_Deal_for_staf_pensions.pdf)

System

Hi

"
Terms and conditions under TUPE When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.
Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
"

My view is that the pension rights should not have changed (http://www.acas.org.uk/TUPE)
and I would question my previous employer, in the hope of getting the terms under which I was transferred sent out to me in written form.

hyubh

johndough wrote: »

"
Terms and conditions under TUPE When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.
Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
"

My view is that the pension rights should not have changed (http://www.acas.org.uk/TUPE)

No, TUPE by itself does not properly protect pension rights. However, this is precisely what 'Fair Deal' rules for public sector outsourcings concern. Originally the requirement was for a 'broadly comparable' scheme being made available to the TUPE'd employees, or failing that, the contractor acquiring admitted body status (or equivalent) in the public sector scheme, though the rules were changed a couple of years back to double down on the second option (this had became the norm anyhow).