For any members who are looking to claim their retirement benefits but are the subject of a compulsory / TUPE transfer to a new employer before they retire, the new employer (receiving organisation) should contact the Scheme Access Team to confirm the members eligibility to contribute to the scheme following the transfer of employment.
Once eligibility has been confirmed, the retirement benefit claim forms (AW8) should be completed by the new employer. The form should be submitted with an explanation that the application for the member is part of a TUPE transfer that is being handled by the Scheme Access Team.
Whilst the transfer is ongoing, retirement applications can still be processed under safe benefits. This means that pension benefits can still be paid to the member for their service up to the date of the transfer of their employment. A revised award can be processed to include the additional membership following the transfer of employment once the relevant application has been completed by the Scheme Access Team and the joiner/update/leaver information has been provided confirming that the required 24-hour break in service has taken place.
A member is not eligible to claim their pension benefits and compulsorily / TUPE transfer on the same day. If a member chooses to claim their pension benefits on the day the transfer of employment is due to take place, the member cannot be included as part of the compulsory / TUPE transfer and if looking to retire and return, would return on the new employer’s terms and conditions and eligibility to continue to contribute would be dependent on the organisations access to the NHS Pension Scheme.