The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006
| Jurisdiction | UK Non-devolved |
(1) This Order may be cited as the Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006, and shall come into force on 6th April 2006.(2) In this Order, references to provisions of Schedule 36 are references to provisions of Schedule 36 to the Finance Act 2004.(3) In this Order—the original pension scheme condition (see article 2) ; the employee condition (see article 3) ; the transfer condition, either as it applies in the case of one transfer (see article 5) , or as it applies in the case of two or more transfers (see article 6) ; and the new pension scheme condition (see article 7) . (1) The transfer condition, as it applies in the case of one transfer, is met if conditions A to G are met.(2) Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there was one transfer of an undertaking, or part of an undertaking.(3) Condition B is that the TUPE Regulations applied to the transfer.(4) Condition C is that by virtue of the transfer, the employee ceased to be employed by the transferor and became employed by the transferee.(5) Condition D is that the transferor was the employer in relation to the original pension scheme.(6) Condition E is that at the time immediately before the employee became employed by the transferee, the employee was a member of the original pension scheme.was a member of a pension scheme in relation to which the transferee was the employer, orwas a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.(8) Condition G is that, as a result of the transfer, all the sums held for the purposes of, or representing the employee's accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.(9) In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.(1) The transfer condition, as it applies in the case of two or more transfers, is met if conditions A to H are met.(2) Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there were two or more transfers of an undertaking, or part of an undertaking.(3) Condition B is that the TUPE Regulations applied to each transfer.(4) Condition C is that by virtue of each transfer, the employee ceased to be employed by the transferor and became employed by the transferee.in the case of the first transfer, was the employer in relation to the original pension scheme, andin the case of each subsequent transfer, was the employer in relation to the pension scheme of which the employee was a member immediately before the transfer.in the case of the first transfer, was a member of the original pension scheme at the time immediately before the employee became employed by the transferee, andin the case of each subsequent transfer, was a member of a pension scheme in relation to which the transferor was the employer at the time immediately before the employee became employed by the transferee.(7) Condition F is that in the case of a transfer other than the final transfer, and from the time when he became employed by the transferee, the employee was a member of a pension scheme in relation to which the transferee was the employer.was a member of a pension scheme in relation to which the transferee was the employer, orwas a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.(9) Condition H is that, as a result of the transfers, all the sums held for the purposes of, or representing the employee's accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.(10) In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.(1) The new pension scheme condition is met if conditions A and B are met.(2) Condition A is that the new pension scheme was a scheme whose rules, at the time of the transfer (where article 5 applies) , or at the time of the final transfer (where article 6 applies) , included provision conferring a right on some or all of the persons who were then members of that scheme to retire before the normal minimum pension age.(3) Condition B is that, on 6th April 2006, the new pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 (deemed registration of existing schemes) (and, accordingly, is treated as having become a registered pension scheme) .(1) For the purposes of paragraph 22 of Schedule 36
- “normal minimum pension age” has the meaning given in section 279(1) of the Finance Act 2004, and
- “the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
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