PART III TRANSFERS OF LIABILITY IN RESPECT OF SECTION 9(2B) RIGHTS

Transfer payments to [F1schemes that were] salary-related contracted-out schemes in respect of section 9(2B) rights

8.  A transfer payment in respect of an earner’s accrued section 9(2B) rights may be made to a [F2scheme that was a salary-related contracted-out scheme which was contracted-out by virtue of section 9(2B) of the 1993 Act] if—

(a)the earner consents in writing;

(b)the earner—

(i)is employed by an employer who is a contributor to the receiving scheme, or

(ii)has previously been a member of the receiving scheme; and

(c)the transfer payment is applied to provide rights for the earner or person concerned which, had they accrued in the receiving scheme, would be provided in accordance with the rules of the receiving scheme relating to earners who are in employment [F3which was contracted-out in relation to the receiving scheme on or after the principal appointed day.]

Textual Amendments