Regulation 7 The subsisting rights provisions

on or after 6th April 2006 but before the appointed day, a power under an occupational pension scheme to which Article 67 M1 of the 1995 Order (the subsisting rights provisions) applies has been exercised so as to modify the scheme by replacing or converting a right or entitlement to any of the benefits specified in paragraph (2) with or to a right or entitlement to money purchase benefits (“the scheme modification”);

if section 27 of the Act had been in operation at the time that the scheme modification took effect (and if this regulation did not apply), the modification would have been a protected modification, and

the consent requirements (see Article 67B(3) of the 1995 Order) were not satisfied before the scheme modification took effect.

cash balance benefits;

a defined benefit minimum (in relation to money purchase underpin benefits or cash balance underpin benefits), and

top-up benefits.

Article 67(2)(b) and (c) of the 1995 Order, and

in the case of each affected member, the actuarial equivalence requirements (within the meaning of Article 67C of that Order),