Paragraph 5
(1)
If a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, it may include provision with respect to the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee.
(2)
The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the person under—
(a)
a pension scheme of which the person may become a member by virtue of employment with the transferee, or
(b)
a pension scheme of which the person is a member by virtue of employment immediately before the transfer.