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No unreduced early retirement rights for TUPE-transferred member

In Mr R (CAS-41116-C8MO, 17 June 2024), the Pensions Ombudsman determined that a member of a pension scheme, whose employment was TUPE-transferred, was not entitled to an unreduced immediate early retirement pension under the rules of the scheme, which required the member to have left service at the request of his Employer. The Ombudsman held that the member did not qualify, as he left employment as a result of the operation of law under TUPE rather than at the request of his employer; and, following the Court of Appeal’s decision in AGCO Ltd v Massey Ferguson Works Pension Trust Ltd [2003] EWCA Civ 1044 that the nature of a request indicated a voluntary decision to terminate employment, the nature of a TUPE transfer cannot be  described as voluntary as the member could not refuse and remain in employment with his existing employer.

 

The determination can be found here.

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