PART 2E+WExceptions for full protection members
Meaning of “full protection member”E+W
6.—(1) A person (P) to whom paragraph 7, 8 or 9 applies is a full protection member of the existing scheme.
(2) P ceases to be a full protection member of the existing scheme when P ceases to be in pensionable service under the existing scheme.
Active members of the existing schemeE+W
7. This paragraph applies if—
(a)P was an active member of the existing scheme, as defined in Part 1, on the scheme closing date and on 31st March 2012;
(b)a pension [in respect of all P’s pensionable service under the existing scheme], other than a phased retirement pension, has not become payable to P on or after 1st April 2012; and
(c)unless P dies, P would reach normal pension age under that scheme on or before 1st April 2022.
Active members of an existing public service schemeE+W
8. This paragraph applies if—
(a)P was an active member of an existing public service scheme on the scheme closing date and on 31st March 2012;
(b)P enters eligible employment not more than 5 years after leaving pensionable service under the existing public service scheme;
(c)a pension in respect of all of P's service in the existing public service scheme has not become payable on or after 1st April 2012; and
(d)unless P dies, P would reach normal pension age under the existing scheme and the existing public service scheme on or before 1st April 2022.
Fair Deal membersE+W
9.—(1) This paragraph applies if sub-paragraphs (2) and (3) apply.
(2) This sub-paragraph applies if—
(a)on or before the scheme closing date—
(i)P was an active member of the existing scheme;
(ii)P's employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
(iii)as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
(iv)P's employment is subject to existing Fair Deal arrangements.
(b)after the scheme closing date—
(i)P is subject to a Fair Deal transfer; and
(ii)P is not a member of another pension scheme to which P's employer pays contributions in respect of P.
(3) This sub-paragraph applies if—
(a)on 31st March 2012 and on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
(b)unless P dies, P would reach normal pension age under the existing scheme before 2nd April 2022.
Exception for full protection member during protection periodE+W
10.—(1) This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of either paragraph 7 or 8.
(2) The protection period for P is the period which—
(a)begins on the day after the scheme closing date; and
(b)ends when P ceases to be a full protection member of that scheme.
(3) During the protection period—
(a)P's pensionable service is pensionable service under the existing scheme; and
(b)section 18(1) of the Act does not apply in respect of that pensionable service.
Exception for Fair Deal full protection member during protection periodE+W
11.—(1) This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of paragraph 9.
(2) The protection period for P is the period which—
(a)begins on the Fair Deal transfer date; and
(b)ends when P ceases to be a full ... protection member under the existing scheme.
(3) During the protection period—
(a)P's pensionable service is pensionable service under the existing scheme; and
(b)section 18(1) of the Act does not apply in respect of that pensionable service.
Full protection member not eligible to join this schemeE+W
12. While a person (P) is a full protection member of the existing scheme, P is not eligible to be an active member of this scheme.