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SCHEDULE 4Transitional provisions

PART 10Pensionable service after the scheme closing date

Active member of the existing Scotland scheme on the scheme closing date

52.—(1) This paragraph applies in relation to a person (P) who—

(a)on the scheme closing date and on 31st March 2012, was an active member of the existing Scotland scheme;

(b)ceases to be in pensionable service under the existing Scotland scheme;

(c)would have been a full protection member of the existing Scotland scheme had P re-entered pensionable service under that scheme.

(2) P joins the 2006 scheme if—

(a)P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the existing Scotland scheme; and

(b)P would have been a full protection member or tapered protection member of the existing Scotland scheme had P re-entered pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(4) P’s protection period—

(a)begins on the day P joins the 2006 scheme; and

(b)ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.