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5.—(1) In the circumstances prescribed in paragraph (2) below, paragraph 2 of the Schedule shall apply with the modifications prescribed in paragraph (3) below.
(2) The circumstances prescribed in this paragraph are circumstances where a pension attributable to a transfer payment is provided for an employee in respect of service with a former employer of his other than a relevant employer.
(3) The modifications prescribed in this paragraph are that —
(a)in paragraph 2 of the Schedule at the end of sub-paragaph (2) there shall be added the words —
“(excluding any pension attributable to a transfer payment provided for the employee in respect of service with a former employer of his other than a relevant employer)”; and
(b)after that sub-paragraph there shall be added the following sub-paragraph —
“(3) In this paragraph a “relevant employer” has the same meaning as in the Occupational Pension Schemes (Transitional Provisions) Regulations 1988.”.
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