# The Contracting-out (Transfer and Transfer Payment) Regulations 1996, Regulation 3: Transfers of guaranteed minimum pensions to schemes that were salary-related contracted-out schemes


A transfer may be made to a scheme that was a salary-related contracted-out scheme if—
(a) the earner or person concerned consents in writing;
(b) in the case of a transfer of the accrued rights of an earner—
(i) the earner is employed by an employer who is a contributor to the receiving scheme, or
(ii) the earner has previously been a member of the receiving scheme;
(c) ... the conditions specified in paragraphs 1 to 4 of Schedule 1 are satisfied, unless the transfer is from an appropriate policy in which case the condition set out in paragraph 5 of Schedule 1 must be satisfied;
(d) in the case of a transfer of the accrued rights of an earner from an appropriate policy, the receiving scheme does not make provision under section 16(2) and (3) of the 1993 Act (revaluation of earnings factors for purposes of section 14: early leavers etc.), or any analogous provision, in relation to the rights transferred where the effect would be to increase them at a different rate from that at which they would have been increased had the transfer not taken place; and
(e) in the case of a transfer of liability for the payment of guaranteed minimum pensions to or in respect of a person who has become entitled to them, the transfer is from a scheme and the conditions set out in paragraph 6 of Schedule 1 are satisfied.

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Source: https://www.legislation.gov.uk/uksi/1996/1462/regulation/3 (the official version)
Page: https://openlegislation.uk/contracting-out-transfer-and-transfer-payment-regulations-1996/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.