Regulation 13 Change of employerI1
England and Wales
This regulation shall apply for the benefit of any protected employee who, prior to the total winding up of the Pension Scheme–
is a participant in the Pension Scheme;
changes his employer otherwise than in the circumstances specified in paragraph (5); and
whose new employer is a participant in the Pension Scheme or is wholly owned by one or more companies which or each of which is such a participant.
A new employer to whom this regulation applies who is not a participant in the Pension Scheme shall forthwith make application to join that Scheme and shall carry out the procedural requirements of that Scheme to enable such an application to be accepted, and–
any parent company of the employer; and
any two or more successor companies which together control the employer,
which, in either case, participates or participate in the Pension Scheme shall use its or their best endeavours to procure that such application shall be accepted.
If the application under paragraph (2) is accepted, and the new employer forms a pension group or joins an existing pension group or joins with any other employers to form a pension group in the Pension Scheme, he shall provide or procure the provision of future pension rights to the protected employee which–
if the pension group already contains protected employees, are the same as the future pension rights of those employees; or
if the pension group contains no protected employees, are no worse than the transfer date rights.
If the new employer is already a participant in the Pension Scheme, he shall provide or procure the provision of future pension rights which would have satisfied the requirements of paragraph (3) if that paragraph had applied to him.
This regulation shall not apply in respect of any change of employment which is made, other than at the requirement of the employer, to a new employer which is not a company in the same company group as the former employer.