SCHEDULE 2Transitional provisions

PART 3Exceptions to section 18(1) of the Act: tapered protection members of the PCSPS(NI)

Members of an existing public body pension schemeI124

1

This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

2

This sub-paragraph applies if—

a

P was an active member of an existing scheme other than the PCSPS(NI) or an existing public body pension scheme on the closing date for that scheme;

b

P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

c

P begins service which is pensionable under the PCSPS(NI) not more than 5 years after leaving pensionable service under an existing public body pension scheme;

d

P would have been a protected member of the existing public body pension scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under the PCSPS(NI); and

e

P would, unless P dies, reach normal pension age under—

i

the PCSPS(NI) during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

ii

P’s transitional scheme on or before 1st September 2025.

3

This sub-paragraph applies if—

a

P was an active member of an existing public body pension scheme on a date that the scheme closed to any further accrual by members of benefits under the scheme, whether under section 32 of the Act or otherwise;

b

P was an active member of an existing scheme or an existing public body pension scheme (P’s transitional scheme) on 31st March 2012;

c

P begins service which is pensionable under the PCSPS(NI) not more than 5 years after leaving pensionable service under the existing public body pension scheme referred to in paragraph (a); and

d

P would, unless P dies, reach normal pension age under—

i

the PCSPS(NI) during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

ii

P’s transitional scheme on or before 1st September 2025.

4

For the purposes of this paragraph—

a

the closing date for an existing scheme is the date referred to in section 18(4) of the Act, as applicable;

b

the closing date for an existing public body pension scheme is the date determined under section 32(2) of the Act by the public authority responsible for that scheme;

c

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

d

“protected member of the existing public body pension scheme” means a person in respect of whom an exception applies for the purposes of that scheme.