TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006, and is a law which protects employees 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.
Although your local government pension is not covered by TUPE, the government has put measures in place to ensure that your pension is protected.
How you're affected
Transferring to another employer that provides the LGPS
You will automatically remain in the LGPS.
Transferring to an employer that doesn't provide the LGPS
Your new employer (for example a private contractor), 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, or
- 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 (GAD).
Transferring from an academy to another employer
Your new employer must continue your membership of the LGPS if you work for an academy, voluntary aided school, foundation school or free school and you're being transferred to another employer.
Additional voluntary contributions (AVCs)
If you pay AVC’s to the Prudential (or a different company) directly out of your monthly pay you will need to let them know that your employer is changing.
Not paying into the LGPS when your job transfers
If you’re not paying into the LGPS when your job transfers, maybe because you have previously opted out, your new employer will normally enrol you into the LGPS at their automatic enrolment date and sometimes at the transfer date. You can opt in or out, or move to the 50/50 section, as you wish.
Transferring again in the future
If your job is still providing the same service as you did before your first employer change, the same options will apply.
Other pension schemes
If you are offered membership of a different pension scheme, your employer must ensure that it is broadly comparable to the LGPS:
A pension scheme which is broadly comparable to the LGPS
You'll 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.
A pension scheme which isn't broadly comparable to the LGPS
Please contact us as soon as possible.