PART 2 Money purchase underpin benefits and top-up benefits

5 Top-up benefits
1 If, at the relevant date, a member of an occupational pension scheme has rights to—
(a) money purchase benefits, the amount of which is less than a defined benefit minimum promised to the member under the scheme, and
(b) a top-up benefit,
the amount of the member's rights to money purchase benefits by reference to which the top-up benefit is calculated and the value of the top-up benefit must be aggregated to form a single benefit, which is not a money purchase benefit.
2 In this regulation “the relevant date” means the date as at which the amount of the member's rights to money purchase benefits and the amount of the top-up benefit is being calculated (for any purpose).