12.—(1) Chapter 5 of Part 4 of the 1993 Act(1) (protection for early leavers: cash transfer sums and contribution refunds) is modified as follows.
(2) In the application of that Chapter to P as a member of the old scheme—
(a)in section 97AA(1)(a) and (b) (scope of Chapter 5), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service in relation to the new scheme;
(b)in section 97AA(2), the reference in the opening words and in paragraph (a) to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either for the old scheme or for the old and new schemes taken together; and
(c)in section 97AB(1) and (3) (right to cash transfer sum and contribution refund), 97AC(1) and (2)(a) (notification of right to cash transfer sum and contribution refund) and 97AI(6) (rights under section 97AB; definition of “reply date”), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service in relation to the new scheme.
(3) In the application of that Chapter to P as a member of the new scheme, in section 97AA(2), a reference in the opening words and in paragraph (a) to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either for the new scheme or for the old and new schemes taken together.
Chapter 5 was inserted by Article 241 of the Pensions (Northern Ireland) Order Act 2005 (S.I. 2005/255 (N.I. 1)).