TUPE is the Transfer of Undertaking (Protection of Employment) Regulations 2006. It protects employee’s rights when the service they're delivering is transferred to a new provider and they're transferred to that employer. Sometimes this can be when a service is outsourced to a private company.
Your local government pension is not covered by TUPE, but the government has put measures in place to ensure that your pension is protected.
How you're affected by moving to a new employer under TUPE depends on the type of employer you work for before the transfer.
If you're transferring to a different employer that also provides the Local Government Pension Scheme (LGPS) for its employees, you will automatically remain in the LGPS.
If you work for a local authority and you are transferring to a different employer that does not offer the LGPS, such as a private contractor, your new employer has 2 options:
- to continue your membership of the LGPS. For this to happen, your new employer would need to be admitted as a scheme employer in our fund.
- to provide a broadly comparable pension scheme where the benefits are at least as good as, or better than the LGPS. The pension scheme they're offering would need to be approved by the Government Actuary’s Department
If you work for an academy, voluntary aided school, foundation school or free school and you're being transferred to a private contractor, your new employer must continue your membership of the LGPS.
If you work for a different type of employer and you're transferring to a private contractor, please contact us for more information.
If your new employer offers a 'broadly comparable' scheme you will have the option of transferring your LGPS pension to the new scheme, or you can leave your LGPS pension with us and become a deferred member. If your employment transfers again in the future, the same options as above will be available again, based on who your original employer was.