Form of protection
235.—(1) In a case where Article 234 applies, it is a condition of the employee’s contract of employment with the transferee that the requirements in paragraph (2) or the requirement in paragraph (3) are complied with.
(2) The requirements in this paragraph are that—
(a)the transferee secures that, as from the relevant time, the employee is, or is eligible to be, an active member of an occupational pension scheme in relation to which the transferee is the employer, and
(b)in a case where the scheme is a money purchase scheme, as from the relevant time—
(i)the transferee makes relevant contributions to the scheme in respect of the employee, or
(ii)if the employee is not an active member of the scheme but is eligible to be such a member, the transferee would be required to make such contributions if the employee were an active member, and
(c)in a case where the scheme is not a money purchase scheme, as from the relevant time the scheme—
(i)satisfies the statutory standard referred to in section 8A of the Pension Schemes Act, or
(ii)if regulations so provide, complies with such other requirements as may be prescribed.
(3) The requirement in this paragraph is that, as from the relevant time, the transferee makes relevant contributions to a stakeholder pension scheme of which the employee is a member.
(4) The requirement in paragraph (3) is for the purposes of this Article to be regarded as complied with by the transferee during any period in relation to which the condition in paragraph (5) is satisfied.
(5) The condition in this paragraph is that the transferee has offered to make relevant contributions to a stakeholder pension scheme of which the employee is eligible to be a member (and the transferee has not withdrawn the offer).
(6) Paragraph (1) does not apply in relation to a contract if or to the extent that the employee and the transferee so agree at any time after the time when the employee becomes employed by the transferee.
(7) In this Article—
“the relevant time” means—
in a case where Article 234 applies by virtue of the application of paragraph (2) or (3) of that Article, the time when the employee becomes employed by the transferee;
in a case where that Article applies by virtue of the application of paragraph (4) of that Article, the time at which the employee would have been a member of the scheme referred to in paragraph (1)(c)(i) of that Article or (if earlier) would have been eligible to be such a member;
“relevant contributions” means such contributions in respect of such period or periods as may be prescribed;
“stakeholder pension scheme” means a pension scheme which is registered under Article 4 of the 1999 Order.