The rules

The rules

• Statutory guidelines: Local authorities, schools, and academies must protect the pension rights of staff transferring to new providers under TUPE arrangements.
• The Best Value Authority Staff Transfers (Pensions) Direction 2007: Applies to local authorities, combined authorities, fire and rescue authorities, and LEA schools. Contractors must either:
  • provide ongoing LGPS access through an admission agreement or
  • offer a broadly comparable scheme certified by an actuary. This must be arranged before the transfer.
• Fair Deal for staff Pensions (New Fair Deal): Applies to central government departments, including academy trusts. Contractors must ensure staff transferring to their employment continue to have LGPS membership. Unlike the 2007 guidance, a broadly comparable scheme is not an option.