Hi,
I’m soon approaching retirement age & I have deferred pension benefit entitlements from previous employments – which amounts to approx. 26 years pensionable service with two separate employers both with defined benefit schemes, let’s call them Employer A and Employer B. I worked 13 years with Employer A, Employer A then sold the business to Employer B in 1995 and all employees transferred to Employer B under TUPE. So I worked for 26 years within the same facility, but for two separate employers. I subsequently left Employer B’s employment for an alternative employment.
I recently noticed the following issue on reviewing my combined statement of pension benefits from Employer A & B –
- The death in retirement benefit defined under Employer A’s pension scheme (i.e. 50% of my annual pension payable to my spouse) in the event of my death in retirement was not included in the statement of benefit – only Employer B’s death in retirement level of benefit was outlined ?
Employer A’s pension scheme booklet makes reference to “Leaving Employment” – it states that death benefit can be maintained under a separate policy if one leaves the employment. While I did change from Employer A to Employer B – it was not something that I initiated, Employer A sold the business as a going concern. So from my perspective, I didn’t leave Employer A, they actually left me !
So to my question, under TUPE legislation, is Employer A still liable for this death in retirement benefit ?
I’m soon approaching retirement age & I have deferred pension benefit entitlements from previous employments – which amounts to approx. 26 years pensionable service with two separate employers both with defined benefit schemes, let’s call them Employer A and Employer B. I worked 13 years with Employer A, Employer A then sold the business to Employer B in 1995 and all employees transferred to Employer B under TUPE. So I worked for 26 years within the same facility, but for two separate employers. I subsequently left Employer B’s employment for an alternative employment.
I recently noticed the following issue on reviewing my combined statement of pension benefits from Employer A & B –
- The death in retirement benefit defined under Employer A’s pension scheme (i.e. 50% of my annual pension payable to my spouse) in the event of my death in retirement was not included in the statement of benefit – only Employer B’s death in retirement level of benefit was outlined ?
Employer A’s pension scheme booklet makes reference to “Leaving Employment” – it states that death benefit can be maintained under a separate policy if one leaves the employment. While I did change from Employer A to Employer B – it was not something that I initiated, Employer A sold the business as a going concern. So from my perspective, I didn’t leave Employer A, they actually left me !
So to my question, under TUPE legislation, is Employer A still liable for this death in retirement benefit ?