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The Teachers' Pension Scheme Regulations 2014

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Changes over time for: PART 1

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Version Superseded: 01/04/2022

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Status:

Point in time view as at 01/08/2021.

Changes to legislation:

There are currently no known outstanding effects for the The Teachers' Pension Scheme Regulations 2014, PART 1. Help about Changes to Legislation

PART 1E+WInterpretation

InterpretationE+W

1.  In this Schedule—

exception” means an exception to section 18(1) of the Act;

existing Fair Deal arrangements” means the arrangements by which a person (P) is a member of an occupational pension scheme comparable to the existing scheme and into which P's employer pays contributions in respect of P, following a TUPE transfer from an employer mentioned in Parts 2, 3 or 4 of Schedule 1;

F1...

full protection member”, in relation to the existing scheme, has the meaning given in Part 2;

protected member”, in relation to the existing scheme, means a full protection member or tapered protection member of that scheme;

“protection period”—

(a)

for a full protection member of the existing scheme, has the meaning given in Part 2;

(b)

for a tapered protection member of the existing scheme, has the meaning given in Part 3;

public service scheme” means a scheme under section 1 of the Act;

scheme closing date”, in relation to the existing scheme, means 31st March 2015;

tapered protection member”, in relation to the existing scheme, has the meaning given in Part 3;

tapered protection closing date” has the meaning given in paragraph 4;

transition date” means—

(a)

for a tapered protection member of [F2the existing scheme], the day after the tapered protection closing date;

(aa)

[F3for a full protection member of the existing scheme to whom a retirement pension has become payable under the existing scheme, means the day on which that member becomes an active member of this scheme;]

(b)

for a transition member by virtue of the application of paragraph 21 who is not a protected member of [F2the existing scheme], the day after the scheme closing date; and

(c)

for a transition member by virtue of the application of paragraph 22 who is not a protected member of the existing scheme, the day after the Fair Deal transfer date.

Active membership of the existing schemeE+W

2.  For the purpose of Parts 2, 3 and 4 of this Schedule, a person (P) is an active member of the existing scheme on a given date if on that date—

(a)P is in pensionable service under the existing scheme;

(b)P is on a gap in service not exceeding 5 years; or

(c)P is in receipt of an ill-health pension in respect of the existing scheme.

Gap in service after scheme closing dateE+W

3.—(1) Sub-paragraph (2) applies—

(a)after the scheme closing date; and

(b)in relation to a member of the existing scheme.

(2) A member (P) is not on a gap in service while P is in pensionable service under an existing scheme.

Meaning of “tapered protection closing date”E+W

4.—(1) The closing date M1 for a tapered protection member of the existing scheme (“tapered protection closing date”) is a date between 31st May 2015 and 31st January 2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.

(2) The tapered protection closing date must fall on the last day of a month.

Marginal Citations

M1See section 18(4) and (7) of the Act for the meaning of “closing date”.

Continuity of serviceE+W

5.—(1) This paragraph applies in relation to a transition member (P) who was a member of the existing scheme or an existing public service scheme before becoming an active member of this scheme.

(2) For the purpose of this Schedule, P has continuity of service unless P has a gap in service exceeding 5 years which—

(a)begins on or before the closing date; and

(b)ends on the day on which P becomes an active member of this scheme.

(3) In this paragraph, “closing date” means—

(a)if P is a tapered protection member of the existing scheme, P's tapered protection closing date; or

(b)otherwise, the scheme closing date.

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