§ Mr. GroganTo ask the Secretary of State for Trade and Industry whether the transfer of pension rights and benefits under TUPE for members of the British Coal Staff Superannuation Scheme in to the Industry Wide Coal Staff Superannuation Scheme complied fully with Article 3 of the EU Acquired Rights Directive; and if she will make a statement. [176636]
§ Nigel GriffithsI am advised that, in accordance with Article 3 of the EU Acquired Rights Directive occupational pension rights—specifically old age, invalidity or survivors' benefits—are excluded from the operation of TUPE.
However, recent rulings by the European Court of Justice may have implication, on whether early retirement benefits on redundancy are excluded from TUPE protection. Interpreting the ECJ ruling in relation to British Coal Staff Superannuation Scheme (BCSSS) members and their current employers is a matter for the Pensions Ombudsman and the courts.
The Government already funds the early retirement benefits on redundancy for members of the BCSSS.