When employees are switched to an academy, if they have previously opted out of the pension scheme or are in non-pensionable employment (part-time employment or re-employment which commenced pre 1.1.07 with no election to join), they must be contractually enrolled into the Teachers’ Pension Scheme.

Some employers have argued that under TUPE this is a continuation of their employment and nothing has changed for their employee – they continue teaching in the same role, under the same conditions and often in the same establishment. 

However, it’s a new employer which necessitates a new contract of employment.  They must be contractually enrolled in accordance with the Teachers’ Pensions Regulations.

Please ensure that you complete and upload the Enrolment template on the Employer Portal for any members who have opted out or are in non-pensionable employment to ensure that their records are updated to show they have been contractually enrolled.  Please inform the member they have been enrolled and deduct the relevant contributions for payment to us.

Employees are enrolled to establish their right to participate in the Scheme but can then choose to opt out.