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Business A which has already staged for AE to new owners business B who are newly registered employers and whose staging date is therefore Aug 2017. My understanding is that the new company B would need to setup a non AE pension enrol all the employees who had triggered auto enrolled or opted-in while employed by original company and where still in the pension at the point of transfer to new owner. These employees would continue to make employee contributions and receive employer contributions in line with the levels operated under AE in company A and that the AE minimums would apply such as the increase due in 2017 up to 2% & 3%. These employees could also leave the new pension.

Employees who were entitled or non-eligible would also retain their rights to opt-in with “relevant employer contributions but business B would not need to run assessment on them and enrol them if they hit the enrolment trigger.

 New staff joining the company would have no pension standing until staging in 2017 unless the employer chose to offer it.

We have run this scenario passed TPR they could not comment said it was a Tupe matter not an AE issue.Tupe referred us to the TPR.

Kronos employment law agreed it was correct as AE status is frozen at point of transfer. It may be wise if you need to handle this type of situation that you ask a Tupe lawyer to confirm in writing what the correct action is.

 

 

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