11.—(1) It is prohibited for the purposes of regulation 4(1)(b) to impose or permit to be imposed on a non-contributing member to whom this regulation applies a higher—
(a)rate of charges where a scheme imposes a charge based on a percentage charge, or
(b)amount of charges where a scheme imposes a charge which is not based on a percentage charge,
than that to which the member would have been subject if that member were a contributing member.
(2) In paragraph (1), the comparison is to be made on the basis of—
(a)the period for which the member had contributed to the scheme on the date of that member’s last contribution;
(b)the value of the member’s rights under the scheme on the date when the charges are imposed, and
(c)the value of the last contribution made in relation to the member.
(3) This regulation applies to a non-contributing member of a relevant scheme provided that—
(a)a contribution in relation to that member has been made to that scheme on or after the date on which this regulation comes into operation, and
(b)at least one contribution referred to in sub-paragraph (a) was made when the member was a worker of the employer in relation to whose jobholders the scheme is a qualifying scheme.
(4) This regulation applies to a non-contributing member beginning with the date on which the first contribution satisfying paragraph (3)(a) and (b) is received by the trustees or managers.
(5) In this regulation—
“non-contributing member” means a member who is not a contributing member;
“relevant scheme” is a scheme satisfying the definition in regulation 2(2) which is a qualifying scheme for at least one jobholder of the member’s employer.