Amendment of regulation 5 of the principal Regulations
3. In regulation 5(1) (Meaning of qualifying service) –
(a)at the end of paragraph 1(b) the word “and” shall be deleted;
(b)after paragraph (1)(b) there shall be inserted the following sub-paragraph –
“(ba)in the case of a person who –
(i)has become a member on the transfer of his employment to a new employer as a result of a transfer of an undertaking to that employer; and
(ii)has rights under another occupational pension scheme to which he was eligible to belong in his former employment in respect of which no transfer payment has been accepted under regulation 60(1) or 63;
the period of employment that qualified the member for those rights; and”;
(c)after paragraph (4) there shall be inserted the following paragraph –
“(4A) Where a member who is employed on a casual basis –
(a)ceases to pay contributions because of a break in his superannuable employment of a period not exceeding 3 months, and
(b)re-enters superannuable employment on the same basis after the break,
for the purposes of these Regulations he is treated as continuing to be in qualifying service, (but not superannuable service) during the break, and as not being required to rejoin the Scheme when he re-enters superannuable employment.”.