The Teachers' Pension Scheme Regulations 2014

PART 1 E+W Interpretation

Interpretation E+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 “final salary benefits” means the benefits accrued in a final salary scheme in respect of which the pension entitlement payable to or in respect of a person’s pensionable service is or may be determined by reference to the person’s final salary;]

F2 ...

“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 [F3 the existing scheme], the day after the tapered protection closing date;

(aa)

[F4 for 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;]

(ab)

[F5 for a full protection member of the existing scheme other than a full protection member described in sub-paragraph (aa), means 1st April 2022;]

(b)

for a transition member by virtue of the application of paragraph 21 who is not a protected member of [F3 the 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.

Textual Amendments

F1 Words in Sch. 3 para. 1 inserted (1.4.2022) by The Teachers’ Pension Scheme (Amendment) Regulations 2022 (S.I. 2022/320), regs. 1(2), 2(2)(a)

F2 Words in Sch. 3 para. 1 omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 32(a)

F3 Words in Sch. 3 para. 1 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 32(b)

F4 Words in Sch. 3 para. 1 inserted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 29(a)

F5 Words in Sch. 3 para. 1 inserted (1.4.2022) by The Teachers’ Pension Scheme (Amendment) Regulations 2022 (S.I. 2022/320), regs. 1(2), 2(2)(b)

Active membership of the existing scheme E+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 date E+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

M1 See section 18(4) and (7) of the Act for the meaning of “closing date”.

Continuity of service E+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—

[F6 (za) if P is a full protection member of the existing scheme, 31st March 2022;]

(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.

Textual Amendments

F6 Sch. 3 para. 5(3)(za) inserted (1.4.2022) by The Teachers’ Pension Scheme (Amendment) Regulations 2022 (S.I. 2022/320), regs. 1(2), 2(3)