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• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing employee” means any person who, immediately before the transfer date, is employed by Northern Ireland Electricity;

• “former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—

  1. a

     all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

  2. b

     any expectation of the accruer of a pension to or in respect of him;

  and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant statutory provisions” means Chapter I of Part XIV of the Income and Corporation Taxes Act 1988F1 (retirement benefit schemes) and Part IV of the Social Security Pensions (Northern Ireland) Order 1975F2 (contracting-out);

• “relevant scheme” has the meaning given by paragraph 4(1);

• “the scheme” means the Northern Ireland Electricity Superannuation Scheme;

• “wholly-owned subsidiary” has the same meaning as in F3the Companies Acts (see section 1159 of the Companies Act 2006).