Regulation 52 Meaning of “public sector TUPE transferee, etc.”

(1)

A person (P) is a public sector TUPE transferee if—

(a)

P enters pensionable employment on or after 1st January 2007,

(b)

P enters pensionable employment by virtue of a transfer of undertakings or by virtue of arrangements equivalent to a transfer of undertakings, and

(c)

immediately before entering pensionable employment, P was—

(i)

in employment (“the previous employment”) which was pensionable under a public service pension scheme (“the previous scheme”), and

(ii)

entitled under the rules of the previous scheme to receive some or all benefits on retirement from the previous employment before or on reaching the age of 60.

(2)

In paragraph (1)—

(a)

“public service pension scheme” has the same meaning as in section 1 of PSA 1993 except that it does not include an occupational pension scheme established under section 7 of SA 1972, and

(b)

the reference to arrangements equivalent to a transfer of undertakings is a reference to arrangements which do not constitute a transfer of undertakings but under which the parties to the arrangements have agreed that the rights of the persons whose employments are being transferred should, so far as practicable, be treated in the same way as they would have been under a transfer of undertakings.

(3)

A “public sector TUPE transferee with NPA 60 rights” means a public sector TUPE transferee who immediately before entering pensionable employment was entitled under the rules of the previous scheme to receive on retirement from the previous employment all benefits under the previous scheme before or on reaching the age of 60.

(4)

A “public sector TUPE transferee with NPA 60 and NPA 65 rights” means a public sector TUPE transferee who immediately before entering pensionable employment was entitled under the rules of the previous scheme to receive on retirement from the previous employment—

(a)

some benefits under the previous scheme before or on reaching the age of 60, and

(b)

other such benefits on or after reaching the age of 61.

(5)

For the purposes of this regulation, a person is not to be treated as being entitled under the rules of a pension scheme to receive benefits before or on reaching the age of 60 where such entitlement arises by virtue of any scheme rule making special provision as to early retirement—

(a)

on grounds of ill health, redundancy or otherwise, or

(b)

with reduced benefits.

Notes on Part 7

Modifications

C1: Pt. 7 applied (1.4.2015) by The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 2015 (S.I. 2015/601), regs. 1, 4 (with reg. 44(2)(3))