If a member wants to retire during a TUPE consultation or pending a TUPE, a 24 hour break in service must be taken before benefits are claimed.
This includes new employers (receiving organisation) applying for continued NHS Pensions access for employees under Direction / Determination or New Fair Deal.
This is because once the TUPE has been approved by the Department of Health and Social Care (DHSC) it is classed as continuous service for NHS Pension purposes, meaning that the member would not have taken a 24 hour break if they claimed their pension on the last day of service for the original employer.
If a member chooses to claim their pension on leaving the existing employer, they will not be part of the TUPE therefore they will only be able to contribute to the NHS Pension Scheme with the new employer if the new employer has the relevant scheme access and the member is eligible.
The Scheme Access Team will notify the new organisation of the members that will not be eligible to contribute following the TUPE once the Direction / Determination has been approved by the Department of Health and Social Care.
Any queries regarding access to the NHS Pension Scheme following TUPE should be sent to the Scheme Access Team at nhsbsa.schemeaccess@nhs.net