SCHEDULES
SCHEDULE 15 The Scottish Pension Schemes
Protection for certain persons
3
1
Subject to sub-paragraph (3) below, this sub-paragraph applies to—
a
any—
i
existing employee of the Scottish Boards; or
ii
existing employee of a Consultative Council,
who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;
b
any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;
c
any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and
d
any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.
2
Subject to sub-paragraph (3) below, this sub-paragraph applies to—
a
any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and
b
any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,
but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.
3
Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—
a
ceases to be in continuous employment; or
b
voluntarily withdraws from a relevant scheme and does not forthwith—
i
become a participant in another such scheme; and
ii
transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,
that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.