# The National Health Service Pension Scheme Regulations 2015, Paragraph 2: Condition A


Condition A is that—
(a) P is employed by an employing authority;
(b) the relevant employment commences in accordance with an arrangement under which it is the intention of the employing authority to retain P as an employee following P's objection to P's transfer to another body (which is not an employing authority) (“a retention arrangement”); and
(c) but for the retention arrangement—
(i) the transfer of P's employment would be a relevant transfer for the purposes of the TUPE Regulations; or
(ii) P's employment would, in the Secretary of State's opinion, transfer from the employing authority to another employer in the public sector by virtue of an arrangement broadly equivalent to a TUPE transfer.

---
Source: https://www.legislation.gov.uk/uksi/2015/94/schedule/7/paragraph/2 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/schedule-7/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.