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
Moving to a new employer under TUPE depends on the type of employer you work for before the transfer:
Transferring to another employer that provides the LGPS
You will automatically remain in the LGPS.
Transferring to another 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.
Transferring again in the future
The same options will be available again, based on who your original employer was.
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.