235.4 Occupational pension rights

Where there is a relevant transfer, the previous terms and conditions of employment of transferred employees carry over to the transferee employer1. The main exception to this rule relates to the treatment of occupational pensions.

Occupational pension rights earned up to the time of the transfer are protected by social security legislation and pension trust arrangements rather than the Transfer of Undertakings (Protection of Employment) Regulations 20062. Under those rules, where transferred employees were entitled to participate in an occupational pension scheme before the transfer, a transferee employer is not required to

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