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Employment and Pensions - Case studies
Private sector client contracting with the public sector
A good example which highlights our Pensions team’s expertise in a combination of both public and private sector pensions issues is the work we have been doing for a private sector client contracting with the public sector.
The initial work involved advising the client on the pension issues relating to a series of staff transfers from multiple NHS Trusts as part of a national outsourcing programme. In particular, this involved advising the client on the contractual obligations reflecting the pension protection principles of the HM Treasury ‘Fair Deal’ guidance that applies to staff transfers from the NHS (and from the public sector generally). In particular this included the requirement to provide a ‘broadly comparable’ pension scheme for the staff for future service. We also advised the client on the secondary requirement to offer the staff the option to transfer their accrued benefits from the NHS Pension Scheme to the new scheme on bulk transfer terms negotiated with the Government Actuary’s Department (GAD). This work also involved advice in relation to issues such as the liability for certain early retirement benefits passing under TUPE.
We then advised the client on the establishment of a brand new broadly comparable pension scheme – a trust based occupational scheme. This involved drafting the deed and rules for the scheme in conjunction with a specially formed pensions committee consisting of representatives from the client, the trusts, the trade unions and GAD.
Because this was a new scheme, advice was required on issues relating to new legislation under the Finance Act 2004, the Pensions Act 2004 and age discrimination as well as regulatory and compliance issues relating to The Pensions Regulator, HM Revenue & Customs and Contracting-Out. This also involved close liaison with GAD in relation to the scheme’s benefit structure in order to obtain the necessary GAD Passport Certificate to meet the Fair Deal requirements.
This work required a knowledge and understanding of the issues relating to the transfer of staff from the public sector as well the skills and experience required to draft and advise on the setting up and running of a private occupational pension scheme.
As a further endorsement of our Pension team’s expertise in the field of public sector pensions law, we are the only law firm used by the Local Government Pensions Committee (part of Local Government Employers) to provide the legal section of its national ‘Fundamentals’ trustee training course for elected members sitting on Local Government Pension Scheme committees. We are also legal adviser to the Board of the Pension Protection Fund.
Our Pensions team has a great deal of experience advising clients operating in the public sector on a wide range of pension issues including obligations on TUPE transfers, benefits arising on termination and advice to bodies operating their own pension schemes. Our Pensions Team is nationally recognised within both Chambers and Legal 500 legal directories as one of the few Pension Teams in the country with public sector pension expertise.
For further information please contact:
David Widdowson
Tel: 0870 194 7888
david.widdowson@bevanbrittan.com
Return to Bevan Brittan's Catalist home page.
Employment and Pensions - Case studies
Private sector client contracting with the public sector
A good example which highlights our Pensions team’s expertise in a combination of both public and private sector pensions issues is the work we have been doing for a private sector client contracting with the public sector.
The initial work involved advising the client on the pension issues relating to a series of staff transfers from multiple NHS Trusts as part of a national outsourcing programme. In particular, this involved advising the client on the contractual obligations reflecting the pension protection principles of the HM Treasury ‘Fair Deal’ guidance that applies to staff transfers from the NHS (and from the public sector generally). In particular this included the requirement to provide a ‘broadly comparable’ pension scheme for the staff for future service. We also advised the client on the secondary requirement to offer the staff the option to transfer their accrued benefits from the NHS Pension Scheme to the new scheme on bulk transfer terms negotiated with the Government Actuary’s Department (GAD). This work also involved advice in relation to issues such as the liability for certain early retirement benefits passing under TUPE.
We then advised the client on the establishment of a brand new broadly comparable pension scheme – a trust based occupational scheme. This involved drafting the deed and rules for the scheme in conjunction with a specially formed pensions committee consisting of representatives from the client, the trusts, the trade unions and GAD.
Because this was a new scheme, advice was required on issues relating to new legislation under the Finance Act 2004, the Pensions Act 2004 and age discrimination as well as regulatory and compliance issues relating to The Pensions Regulator, HM Revenue & Customs and Contracting-Out. This also involved close liaison with GAD in relation to the scheme’s benefit structure in order to obtain the necessary GAD Passport Certificate to meet the Fair Deal requirements.
This work required a knowledge and understanding of the issues relating to the transfer of staff from the public sector as well the skills and experience required to draft and advise on the setting up and running of a private occupational pension scheme.
As a further endorsement of our Pension team’s expertise in the field of public sector pensions law, we are the only law firm used by the Local Government Pensions Committee (part of Local Government Employers) to provide the legal section of its national ‘Fundamentals’ trustee training course for elected members sitting on Local Government Pension Scheme committees. We are also legal adviser to the Board of the Pension Protection Fund.
Our Pensions team has a great deal of experience advising clients operating in the public sector on a wide range of pension issues including obligations on TUPE transfers, benefits arising on termination and advice to bodies operating their own pension schemes. Our Pensions Team is nationally recognised within both Chambers and Legal 500 legal directories as one of the few Pension Teams in the country with public sector pension expertise.
For further information please contact:
David Widdowson
Tel: 0870 194 7888
david.widdowson@bevanbrittan.com
Return to Bevan Brittan's Catalist home page.
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