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TUPE & Workplace Pension Query?

Hi Folks
My current job is "At Risk" of redundancy. I'm over 55yo and the rules of my pension fund are as below under the heading of

Redundancy or efficiency from age 55


"Your pension will be payable immediately (with no reduction for early payment) if you are made redundant or if you lose your job for business efficiency reasons when age 55 or over. This is the pension you have built up in the scheme up to the date you leave the scheme, not the benefits you would have received if you had stayed in the scheme until your normal retirement age."

I understand all that and what it all means in £ & p's.

My employer has said in a recent meeting that there may be TUPE implications as my job is being outsourced. Having read ACAS TUPE guidelines I understand that workplace pensions are excluded. I would imagine that TUPE counts as an "Efficiency" measure and my workplace pension would become payable if/when TUPE happens. I sit/stand prepared to be corrected.

Look forward to replies from anybody who knows more than me 

Comments

  • MallyGirl
    MallyGirl Posts: 7,530 Senior Ambassador
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    is this a DB pension scheme?
    I’m a Senior Forum Ambassador and I support the Forum Team on the Pensions, Annuities & Retirement Planning, Loans
    & Credit Cards boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.
    All views are my own and not the official line of MoneySavingExpert.
  • molerat
    molerat Posts: 35,921 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 August 2022 at 2:31PM
    That wording looks like LGPS ?
    Not many pointers that are explicit over TUPE at 55+


  • xylophone
    xylophone Posts: 45,969 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 August 2022 at 2:35PM
    is this a DB pension scheme?


    Looks very like LGPS.

    https://www.lgpsmember.org/your-pension/the-essentials/key-features/

  • xylophone
    xylophone Posts: 45,969 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My employer has said in a recent meeting that there may be TUPE implications as my job is being outsourced. 

    Is it LGPS?

    If so, below might be of interest.

    https://www.peninsulapensions.org.uk/members/local-government/your-pension-scheme/tupe-transfers-implications-for-lgps-members/


  • eamon
    eamon Posts: 2,325 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Should have said at the start LGPS, sorry.
  • Andy_L
    Andy_L Posts: 13,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    if you are TUPE'd you haven't been "made redundant or [lost] your job for business efficiency reasons" so your pension isn't "payable immediately (with no reduction for early payment)"
  • Albermarle
    Albermarle Posts: 31,253 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    As above TUPE'd means you will be transferred to a new role with another organisation, as part of a reorganisation, takeover etc .
    Salary and terms of employment should remain broadly the same/ you should not lose out.

    You may as an alternative be offered voluntary redundancy ( can be a good deal if you do not fancy the new role )  but you do not have to take it.
  • hyubh
    hyubh Posts: 3,799 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eamon said:
    My employer has said in a recent meeting that there may be TUPE implications as my job is being outsourced. Having read ACAS TUPE guidelines I understand that workplace pensions are excluded. I would imagine that TUPE counts as an "Efficiency" measure and my workplace pension would become payable if/when TUPE happens. I sit/stand prepared to be corrected.
    No, since so-called 'Fair Deal' means public sector TUPEs will include pension protection. In an LGPS context either the lucky new employer will form an 'admission agreement' with the pension fund and get their very own DB pension liability (outfits like Capita have collected a lot of these over the years), or alternatively, the old employer will maintain the responsibility for funding both the historic liability and continuing LGPS membership for the transferred employees, until they leave or move to a role unconnected with the outsourced service.
  • eamon
    eamon Posts: 2,325 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Thank you all for your kind contributions. I have much to learn etc, the next few weeks should be interesting to say the least.
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