Paragraph 12 C1C2

relevant benefit accrual occurs under the arrangement, or any of the arrangements (see paragraph 13),

there is an impermissible transfer into the arrangement or any of the arrangements (see paragraph 17A),

a transfer of sums or assets held for the purposes of, or representing accrued rights under, the arrangement or any of the arrangements is made that is not a permitted transfer, or

an arrangement relating to the individual is made under a registered pension scheme otherwise than F3in permitted circumstances.

for the purposes of a permitted transfer,

as part of a retirement-benefit activities compliance exercise, or

as part of an age-equality compliance exercise.

it is made in connection with the cancellation of rights under another arrangement relating to the individual (“the old arrangement”),

the old arrangement and the new arrangement relate to the same employment,

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement,

the making of the new arrangement and the cancellation of the old arrangement constitute or form part of a transaction the purpose of which is to secure that the activities of the pension scheme under which the arrangement is made are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005, and

the rights cancelled under the old arrangement and the rights conferred under the new arrangement are not significantly different.

it is made in connection with the cancellation of rights under another arrangement relating to the individual (“the old arrangement”),

the old arrangement and the new arrangement relate to the same employment,

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement, and

the new arrangement is made, and the old arrangement cancelled, in order to comply with the F5Part 5 of the Equality Act 2010, so far as relating to age, or the or Employment Equality (Age) Regulations (Northern Ireland) 2006 (or any regulations amending or replacing F6those Regulations).

this Part of this Act, and

Chapter 15A of Part 9 of ITEPA 2003 (pension income: lump sums under registered pension schemes),

before 6th April 2006 an arrangement relating to the individual has been made under a pension scheme within paragraph 1(1), and

the pension scheme becomes a registered pension scheme on that date.

the value of the uncrystallised rights of the individual on 5th April 2006 under an arrangement, or

the aggregate of the values of the uncrystallised rights of the individual on 5th April 2006 under arrangements,

the individual’s uncrystallised rights, or

the aggregate of the values of the individual’s uncrystallised rights,

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the sums or assets F12. . . are transferred so that sub-paragraph (8) applies in relation to them, and

the aggregate of the amount of F13the sums and the market value of the assets is, applying normal actuarial practice, equivalent before and after the transfer.

they are transferred so as to become held for the purposes of a money purchase arrangement that is not a cash balance arrangement F14. . . . . .

where the transfer occurs in connection with the winding up of the pension scheme under which the arrangement is made and the arrangement is a cash balance arrangement or a defined benefits arrangement, they are transferred so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement relating to the same employment as the arrangement and made under a registered pension scheme or recognised overseas pension scheme.

where the arrangement is a cash balance arrangement or a defined benefits arrangement relating to a present or former employment, they are transferred in connection with a relevant business transfer so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement made under a registered pension scheme or recognised overseas pension scheme, or

where the arrangement (“the old arrangement”) is a cash balance arrangement or a defined benefits arrangement, they are transferred as part of a retirement-benefit activities compliance exercise so as to become held for the purposes of, or to represent rights under, a cash balance arrangement or defined benefits arrangement (“the new arrangement”) relating to the same employment as the old arrangement and made under a registered pension scheme or recognised overseas pension scheme.

which involves the transfer of at least 20 employees, and

in the case of which, if the transferor and the transferee are bodies corporate, they would not be treated as members of the same group for the purposes of F17Part 5 of the Corporation Tax Act 2010.

there is a prospective entitlement to pension death benefits within section 167(1) or lump sum death benefits within section 168(1) (or both) under both the old arrangement and the new arrangement, and

the transfer constitutes or forms part of a transaction the purpose of which is to secure that the activities of the pension scheme under which the old arrangement was made are limited to retirement-benefit activities within the meaning of section 255 of the Pensions Act 2004 or Article 232 of the Pensions (Northern Ireland) Order 2005.

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(a), this paragraph (and paragraphs 13 F18, 14 and 17A(1) and (2)) apply in relation to the arrangement F19. . . to which the transfer is made, and

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(b) F20or (d), this paragraph (and paragraphs 13 F21, 15 and 17A(3)F22to 17) apply as if the arrangement to which the transfer is made were the same as that from which it is made, F23and

if the transfer is a permitted transfer by virtue of sub-paragraph (8)(c), this paragraph (and paragraphs 13, 15 to 17 and 17A(3)) apply as if the arrangement to which the transfer is made were the same as that from which it is made and (if the employment is transferred) as if the employment with the transferee were the employment with the transferor.