TUPE and Pensionable Service

pinkcheshirecat

Hi,

Could someone please help as I have searched the internet and an answer has not presented itself.

I worked for Company A and had a private pension ( not occupational) . I was TUPE’d over to Company B during a buyout. Initially my terms and conditions of employment remained the same and my pension was paid into the same pension. Sometime later I was offered a new role in Company B and was offered a new Company B contact and access to their pension scheme with enhanced contributions from the company. I transferred my existing pension into the Company B scheme.

I am due an increase in contributions after 5 years of pensionable service. Could someone please advise, is pensionable service calculated in this case from ; my pension start date with Company A, the date of my TUPE, or the date I joined the Company B scheme?

Thanks in advance!

Linton

It is impossible to say without knowing the scheme rules for pension B, and possibly the details of your pension transfer, what was agreed under the TUPE, and the terms under which you took on your new role.

“pensionable service” is not a legally defined term. It should be defined wherever it is used either directly or by reference to another document.

pinkcheshirecat

Thanks, not as straightforward as I’d hoped then

GunJack

It wouldn't surprise me if it was 5 yrs in the new scheme, best ask your employer for clarification...

Thrugelmir

New contractual employment terms are unlikely to be applied retrospectively. If they were applicable then the 5 years would have been reached earlier.

pinkcheshirecat

Thanks all! Much appreciated.

Kynthia

Where I worked before, pensionable service usually meant the length of time you were a member of the pension scheme. It excluded unpaid breaks too such as strike days, unpaid special leave and maternity leave where you weren't paying contributions. However I would expect the term to be defined in your scheme booklet so perhaps look in the there.