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Pension – Pension scheme. The claimant, a prison officer, was transferred out of the civil service into the private sector, under the Transfer of Employment (Protection of Undertakings) Regulations 2006, SI 2006/246 (TUPE). The pensions ombudsman rejected her complaint against the defendant cabinet office about the removal of her reserved right to an unreduced pension from age 55, following her transfer. The Chancery Division, allowing her appeal, held that the ombudsman's decision had erred in law in misconstruing the meaning of the term 'resignation' in r 1.13 of the Rules of the Principal Civil Service Pension Scheme. The ordinary meaning of the word 'resignation' broadly covered a situation where someone had decided of their own accord to leave their employment, but did not apply where that person who was continuing to work full time in her former role, but who had been transferred under the terms of TUPE.
Pension – Pension scheme. The claimant, a prison officer, was transferred out of the civil service into the private sector, under the Transfer of Employment (Protection of Undertakings) Regulations 2006, SI 2006/246 (TUPE). The pensions ombudsman rejected her complaint against the defendant cabinet office about the removal of her reserved right to an unreduced pension from age 55, following her transfer. The Chancery Division, allowing her appeal, held that the ombudsman's decision had erred in law in misconstruing the meaning of the term 'resignation' in r 1.13 of the Rules of the Principal Civil Service Pension Scheme. The ordinary meaning of the word 'resignation' broadly covered a situation where someone had decided of their own accord to leave their employment, but did not apply where that person who was continuing to work full time in her former role, but who had been transferred under the terms of TUPE.
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