Download the full outcome
Detail of outcome
The Treasury received 32 responses to the further consultation, from a wide range of stakeholders. The consultation response document summarises the main issues raised by respondents under the six further consultation questions and outlines the government’s response to these. The government is grateful to all those who responded to the consultation and assisted with reform.
The government’s response to the further consultation sets out that when existing contracts are retendered, there will be a presumption that staff covered by the Fair Deal policy should be offered access to a public service scheme.
However, the government will provide flexibility for employers to provide a broadly comparable scheme where – but only where – legal requirements are a bar to providing access to a public service scheme. The government expects that in the vast majority of cases, when a contract is retendered, previously transferred staff will be offered access to a public service pension scheme.
Where they are transferred back to a public service scheme staff will continue to have the option to leave any accrued pension rights in deferment in the existing broadly comparable scheme.
Following an initial consultation on reform of the Fair Deal policy the further consultation sought further views on how the reformed Fair Deal policy should apply to staff that have already been compulsorily transferred out of the public sector under the old Fair Deal policy.
Following an initial consultation in March 2011 the government confirmed via a Written Ministerial Statement on 4 July 2012 that the overall approach to the Fair Deal would be retained, but that this would be delivered by offering access to the public service schemes for staff compulsorily transferred out of the public sector. In November 2012 the government published its response to the consultation which set out its position in more detail.