The Electricity (Protected Persons) (England and Wales) Pension Regulations 1990

Persons owing a duty

19.—(1) Any duty imposed by these Regulations on the employer of a protected person shall also be a duty owed by–

(a) the parent company (if any) of the employer of the protected person;

(b) if neither the employer nor the parent company is a successor company, the last successor company before that duty arose to have been the employer (or the parent company of the employer) of that person;

(c) if the employer (or the parent company of the employer) is a company which immediately after the transfer date was wholly or partly owned by two or more successor companies, such successor companies jointly but, in respect of any monetary obligation of the employer, severally divided in the proportions which the aggregate number of protected employees and protected beneficiaries in receipt of a pension in respect of each such company on the transfer date bears to the aggregate number of such persons in respect of all of those successor companies (but excluding all such persons who are entitled solely to equivalent pension benefits within the meaning of subsections (5) to (7) of section 33 of the Social Security Pensions Act 1975(1);

(d) any parent company of a successor company within sub-paragraph (b) or (c) of this paragraph in respect only of the liability of that successor company under those sub-paragraphs; and

(e) any two or more successor companies which together own the whole of the ordinary issued share capital of a successor company within sub-paragraph (b) or (c) of this paragraph (“company A”), in respect only of the liability of company A under those sub-paragraphs jointly but, in respect of any monetary obligation of the employer, severally divided in the proportions which the ordinary issued share capital in company A of each such successor company bears to the aggregate ordinary issued share capital of company A upon the date on which those companies become the owners of the whole of the ordinary issued share capital of company A.

(2) If a protected employee changes his employer and does not require the accrued pension rights to which he is entitled immediately before the change to be transferred to the relevant scheme provided by his new employer in accordance with these Regulations, any former employer of whose relevant scheme those rights remain a liability shall be treated as the employer of that person for the purposes of these Regulations in respect of those rights until they are transferred to another relevant scheme.

(1)

1975 c. 60.