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The Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996

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Accrued rights, or liabilities in respect of accrued rights, transferred without consent

16.—(1) This regulation applies where—

(a)a member has acquired a right under section 90 to a cash equivalent but has not exercised the option conferred by section 91; and

(b)the member’s accrued rights have been transferred to another scheme without that member’s consent.

(2) Where this regulation applies, Chapter IV of Part IV of the Act shall have effect as if the member’s right to a cash equivalent of the benefits in respect of which a transfer or transfer payment has been made existed in relation to the receiving scheme instead of the transferring scheme.

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