Continuity of rights within regulation 10(1)
13.—(1) Regulation 12 applies in relation to a right which ceases to have effect under regulation 10(1)(a) as if–
(a)that right arose under a notice which ceases to have effect by virtue of regulation 9(1); and
(b)the corresponding provision of the 2002 Regulations was regulation 57,
(but see the following provisions).
(2) If the right arose under regulation 38 of the 1981 Regulations and immediately before the commencement date the member had the right to make any payments by lump sum payable by instalments, then for regulation 12 the protected rate is the rate at which he was paying instalments immediately before the commencement date, expressed as a percentage of his remuneration at that time.
(3) Regulation 57(5) of the 2002 Regulations does not apply where regulation 57 applies by virtue of paragraph (1), and instead the Committee must calculate the amounts of the additional contributions by reference to the preferential rate.
(4) The preferential rate is the rate at which the member was making payments (including payments by instalments of a lump sum) by virtue of paragraph 1(3) of Schedule C5 to the 2000 Regulations immediately before the commencement date, expressed as a percentage of his remuneration at that time.