Key pension issues in a public sector outsourcing
Produced in partnership with Michael Hayles and Amy Davies of Burges Salmon LLP
Key pension issues in a public sector outsourcing

The following Pensions practice note Produced in partnership with Michael Hayles and Amy Davies of Burges Salmon LLP provides comprehensive and up to date legal information covering:

  • Key pension issues in a public sector outsourcing
  • TUPE, Beckmann and Martin
  • What minimum pension benefits must be provided following the transfer?
  • Other pensions considerations on a TUPE transfer
  • Fair Deal
  • What is the purpose of Fair Deal?
  • Fair Deal 2013
  • Scope and status of Fair Deal 2013
  • Differences between old Fair Deal and Fair Deal 2013
  • Public sector bodies not covered by Fair Deal 2013—best value authorities
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—the implications for pensions.

Outsourcing occurs when an organisation enters into an agreement with a third party, by which that third party assumes responsibility for providing services which are currently provided by the organisation.

The staff delivering that service on behalf of the organisation may transfer employment to the third party under the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE). Under TUPE, transferring employees have the right to retain the same terms and conditions of employment as provided by their previous employer, with the exception of most rights under an occupational pension scheme (as defined by the Pension Schemes Act 1993).

The benefits provided by public sector pension schemes are generous compared to those typically provided by private sector employers, and so form an important part of the overall reward package for public sector employees. Protecting the pension benefits for

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