The Teachers’ Pension Scheme (Scotland) Regulations 2014 No. 217

SCHEDULE 3 Transitional provisions

PART 1 Interpretation

Meaning of “active member of existing scheme”

2.—(1) For the purpose 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; or

(b) P is on a gap in service not exceeding 5 years.

(2) A person who is an active member of the existing scheme on the scheme closing date ceases to be an active member of that scheme on the earlier of—

(a) the day on which a retirement pension (other than a phased retirement pension) becomes payable to P under the existing scheme; or

(b) the day on which P begins a gap in service which—

(i) begins after the scheme closing date; and

(ii) exceeds 5 years.