Article 5 The transfer condition as it applies in the case of one transfer
The transfer condition, as it applies in the case of one transfer, is met if conditions A to G are met.
Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there was one transfer of an undertaking, or part of an undertaking.
Condition B is that the TUPE Regulations applied to the transfer.
Condition C is that by virtue of the transfer, the employee ceased to be employed by the transferor and became employed by the transferee.
Condition D is that the transferor was the employer in relation to the original pension scheme.
Condition E is that at the time immediately before the employee became employed by the transferee, the employee was a member of the original pension scheme.
Condition F is that from the time when the employee became employed by the transferee, the employee—
was a member of a pension scheme in relation to which the transferee was the employer, or
was a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.
Condition G is that, as a result of the transfer, all the sums held for the purposes of, or representing the employee's accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.
In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.