Pensions in 30: 28. The Transfer of Undertakings (Protection of Employment) Regulations and pensions
The Month in Pensions - Gowling WLG
Release Date: 09/14/2017
The Month in Pensions - Gowling WLG
In The Month In Pensions for December 2021, Ian Chapman-Curry looks at what a return to working from home and the broader shift to agile working means for the pensions industry. We then look over some of the key developments that have made the headlines in the world of pensions in December 2021, including: Deadline reminder for trustees to submit compliance statement to the CMA - FCA publishes final rules on facilitating a stronger nudge to Pension Wise guidance - DWP consults on changes to the charge cap for default funds used for automatic enrolment - TPR announces inclusion of the first...
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In The Month In Pensions for October 2021, Ian Chapman-Curry looks at what the Autumn budget and spending review covered on pensions (or, rather, what it didn't cover). In this month's interview, Ian Gordon takes us through two key cases (Britvic and Axminster), judgments for which were handed down in June. We also look over some of the other developments that have made the headlines in the world of pensions in October 2021, including: Pension Schemes Act 2021 brings in new TPR powers - . TPR sets out how it intends to use its new powers - The PPF consults on its 2022/23 levy rules TPO...
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In The Month In Pensions for March 2021, Ian Chapman-Curry looks at the wave of consultations that have been released by government departments and The Pensions Regulator. In this month's interview, Liz Wood explains the impact that the Pension Schemes Act 2021 will have on employers that sponsor defined benefit pension schemes. We also look over some of the other developments that have made the headlines in the world of pensions in March 2021, including: TPR launches consultation on draft single code of practice - . DWP consults on information gathering powers - . TPR consults on employer...
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In The Month In Pensions for February 2021, Ian Chapman-Curry looks at a survey of defined benefit scheme trustees that suggests the age of the quarterly trustee meeting is over. We also look over some of the other developments that have made the headlines in the world of pensions in February 2021, including: Government issues further consultation on climate change risk - See details of the new consultation 'Taking action on climate risk: improving governance and reporting by occupational pension schemes - response and consultation on regulations' on ; and Listen to our . The Pensions...
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In The Month In Pensions for January 2021, Ian Chapman-Curry focuses on the legislation that will become the Pension Schemes Act 2021. At the point of recording, the Pension Schemes Bill 2019 – 21 was on the cusp of receiving Royal Assent so this episode focuses on what it will mean for pension scheme trustees and employers. When enacted, the Pensions Schemes Bill 2019 – 21 will see changes to the funding regime for defined benefit pension schemes along with giving The Pensions Regulator more powers. It will also provide the statutory framework for pensions dashboards and collective...
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In The Month In Pensions for December 2020, focuses on the key trends and developments that will dominate the world of in 2021. With a backlog of legislative, regulatory and policy developments, 2021 promises to be a busy year for anyone working in the pensions industry. The Pensions Schemes Bill 2019 – 21 will see changes to the funding regime for defined benefit pension schemes along with giving The Pensions Regulator more powers. It will also provide the statutory framework for pensions dashboards and collective defined contribution schemes. But 2021 will be about more than primary...
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In The Month In Pensions for November 2020, we focus on two related and increasingly intertwined areas – pension scams and cyber crime and ask are you ready for cyber scams?
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In The Month In Pensions for October 2020, we join The Pensions Regulator in gazing into the future and consider what the world of pensions will be like in 15 years' time. See The Pension Regulator's 'Pensions of the future - a discussion on our strategy (16 October 2020)': Also covered in this month's edition are: DWP gives green light to standardised simpler annual benefit statements for DC auto enrolment pension schemes (See the DWP’s response to its consultation ‘Simpler annual benefit statements for workplace pensions’: ); PPF consults on the 2021/22 levy (See the PPF’s...
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In The Month In Pensions for September 2020, we go back to school and consider what is coming down the tracks for trustees and employers in the final third of 2020. Ian Chapman-Curry is also joined by Gowling WLG pensions partner Christopher Stiles to discuss his latest Insight on GMP equalisation: Also covered in this month's edition are: TPR's confirmation of the end of the COVID-19 easements on reporting payment failures; Government consultation on ESG and climate change (); Government consultation on investment innovation and improving outcomes for DC members (); Pensions Minister...
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In The Month In Pensions for July 2020, we focus on the role that technology will play in improving customer service in the pensions industry.
info_outlineKey Points
- TUPE is a very complicated area of employment law. It is particularly difficult when it interacts with pension rights. Specific legal advice is advised if you are dealing with pension rights under TUPE.
- TUPE does not generally apply to pension benefits. As a result, an employee's entitlement to pension benefits do not generally transfer under TUPE. There are, however, three key exceptions to this rule:
- Beckmann and Martin rights – rights to certain enhanced redundancy benefits and early retirement benefits may transfer under TUPE;
- minimum pension rights that apply in certain specific circumstances and, if they apply, provide transferring employees with limited protection by requiring the receiving employer to provide pension benefits in line with prescribed minima; and
- personal pension schemes – an individual's contractual rights in respect of a personal pension scheme (e.g. a Group Personal Pension (also known as GPPs)) will transfer automatically.
You can find this episode and the accompanying transcript on our website: https://gowlg.co/3x93tTf
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