Q&As

If an eligible jobholder had opted out of the transferor's qualifying scheme immediately before a TUPE transfer, will the transferee be under a duty to auto-enrol them into a qualifying scheme following their TUPE transfer?

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Published by a LexisPSL Pensions expert
Published on LexisPSL on 17/09/2018

The following Pensions Q&A provides comprehensive and up to date legal information covering:

  • If an eligible jobholder had opted out of the transferor's qualifying scheme immediately before a TUPE transfer, will the transferee be under a duty to auto-enrol them into a qualifying scheme following their TUPE transfer?

If an eligible jobholder had opted out of the transferor's qualifying scheme immediately before a TUPE transfer, will the transferee be under a duty to auto-enrol them into a qualifying scheme following their TUPE transfer?

As mentioned in the Practice Note: TUPE—what pension benefits should the transferee provide?, the Pensions Regulator states in its auto-enrolment guidance # 2 that, on a TUPE transfer, transferring employees ‘are treated as a new joiner’ for the new employer (the transferee). The Pensions

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