If there are school staff transferring under TUPE who are members of the Local Government Pension Scheme (LGPS), the school will need to ensure it understands what pension liabilities it is taking on as a result of the transfer - in particular, how responsibility will be allocated between the local authority and the academy for any pension scheme deficit and deferred benefits. There is also the matter of what the employer contribution will be for the future.

This is a complex area and legal advice should be sought early on as it may be necessary to build in time for an actuarial review of the pension scheme.

Our academies team includes pensions experts who can assist governing bodies and local authorities  in understanding their liabilities and will ensure the drafting of the  commercial transfer agreement accurately reflects the parties’ intentions.

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