# The Quality Contracts Schemes (Pension Protection) Regulations 2009, Regulation 5: Broadly comparable


(1) For the purposes of regulation 4(b), the rights to acquire pension benefits which a relevant employee must have as an employee of the new operator count as being broadly comparable to, or better than, the rights which the employee had as an employee of the original operator—
(a) if the rights satisfy the condition prescribed in paragraph (2); or
(b) if, in the situation described in paragraph (3), the rights satisfy all of the alternative conditions prescribed in paragraph (4).
(2) The condition is satisfied if the rights to acquire pension benefits that the relevant employee would have as an employee of the new operator mean that the employee would suffer no material detriment overall in terms of the employee’s future accrual of pension benefits.
(3) The situation is that there are exceptional circumstances which mean that it would not be reasonably practicable for the new operator to grant rights to the relevant employee which satisfy the condition prescribed in paragraph (2).
(4) The alternative conditions are satisfied if—
(a) the rights to acquire pension benefits granted to the relevant employee include arrangements to pay compensation to the relevant employee; and
(b) the arrangements to pay compensation described in sub-paragraph (a) are such that the compensation is sufficient to offset the material detriment which would otherwise be suffered by the relevant employee.

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Source: https://www.legislation.gov.uk/uksi/2009/3247/regulation/5 (the official version)
Page: https://openlegislation.uk/quality-contracts-schemes-pension-protection-regulations-2009/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.