SCHEDULE 2Transitional provisions

PART 3Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme

Members moving between schemes after the scheme closing date

13.

(1)

A person (P) is a tapered protection member of an existing scheme if—

(a)

P was an active member of an existing scheme (“P’s transitional scheme”) on 31st March 2012 and on the closing date for that scheme;

(b)

P begins pensionable service which is pensionable under an existing scheme (“Scheme A”), not more than 5 years after leaving pensionable service in P’s transitional scheme.

(c)

P would have been a protected member of P’s transitional scheme had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under Scheme A; and

(d)

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

(i)

Scheme A 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.

(2)

For the purposes of this paragraph—

(a)

the closing date for an existing scheme is the date referred to in section 18(1) of the Act as applicable;

(b)

“exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations which relate to that scheme; and

(c)

“protected member of P’s transitional scheme” means a person in respect of whom an exception applies for the purposes of that scheme.