PART 7Transfers
CHAPTER 2Transfers values
SECTION 4Bulk transfers
Bulk transfers out147
1
This regulation applies if—
a
the employment of one or more active members (the transferring employees) is transferred without consent to a new employer;
b
on the transfer the transferring employees cease to be eligible to be members of this scheme;
c
after the transfer the transferring employees become active members of another occupational pension scheme (the new employer’s scheme);
d
the Secretary of State has agreed special terms for the making of transfer value payments in respect of the transferring employees to the new employer’s scheme, after consultation with the scheme actuary; and
e
the transferring employees have consented in writing to their rights being transferred in accordance with those terms.
2
In the case of the transferring members or the transferred members, the transfer value payment to be paid—
a
is not calculated in accordance with regulation 136; but
b
is to be such amount as the Secretary of State, after consulting the scheme actuary, determines to be appropriate in accordance with the special terms.
3
This Part has effect with such modifications as are necessary to give effect to those terms.
4
If the transfer is directly or indirectly attributable to an enactment, this Part has effect with such modifications as the Secretary of State thinks necessary in consequence of the transfer.