The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

Full protection members of the PCSPS(NI) N.I.

9.—(1) A person (P) to whom any of paragraphs 12 to 17 applies is a full protection member of the PCSPS(NI).

[F1 (2) P ceases to be a full protection member of the PCSPS(NI) on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under the PCSPS(NI) unless sub-paragraph (3) or (4) applies; or

(b) 31st March 2022.]

(3) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS(NI) from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS(NI).

(4) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS(NI) otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P returns to service which is pensionable under the PCSPS(NI) after a gap in service not exceeding 5 years.

(5) If P returns to service which is pensionable under the PCSPS(NI) in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the PCSPS(NI) when P returns to that service.

(6) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS(NI) from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(8)(a) and (b) of the Act (or that section as applied by section 32(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS(NI).

(7) In this paragraph—

“exception” means–

(a)

in relation to an existing scheme, an exception under section 18(5) or 18(6) of the Act provided for in [F2 scheme regulations in relation to that scheme] ;

(b)

in relation to an existing public body pension scheme, an exception under section 32(4) of the Act provided for by the public authority responsible for that scheme;

“fully protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies, which exception is one to which section 18(7) of the Act (or that section as applied by section 32(4)) applies for the purposes of that scheme.

(8) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Textual Amendments

F1 Sch. 2 para. 9(2) substituted (1.4.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2), 6(4)

F2 Words in Sch. 2 para. 9(7)(a) substituted (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/181), regs. 1, 2(15)

Commencement Information

I1 Sch. 2 para. 9 in operation at 18.12.2014, see reg. 1(2)