SCHEDULE 3Transitional provisions
PART 1Interpretation
Interpretation1
In this Schedule—
“exception” means an exception to section 18(1) of the Act;
“existing Fair Deal arrangements” means the arrangements by which a person (P) is a member of an occupational pension scheme comparable to the existing scheme and into which P's employer pays contributions in respect of P, following a TUPE transfer from an employer mentioned in Parts 2, 3 or 4 of Schedule 1;
F56“final salary benefits” means the benefits accrued in a final salary scheme in respect of which the pension entitlement payable to or in respect of a person’s pensionable service is or may be determined by reference to the person’s final salary;
F6...
“full protection member”, in relation to the existing scheme, has the meaning given in Part 2;
“protected member”, in relation to the existing scheme, means a full protection member or tapered protection member of that scheme;
“protection period”—
- a
for a full protection member of the existing scheme, has the meaning given in Part 2;
- b
for a tapered protection member of the existing scheme, has the meaning given in Part 3;
- a
“public service scheme” means a scheme under section 1 of the Act;
“scheme closing date”, in relation to the existing scheme, means 31st March 2015;
“tapered protection member”, in relation to the existing scheme, has the meaning given in Part 3;
“tapered protection closing date” has the meaning given in paragraph 4;
“transition date” means—
- a
for a tapered protection member of F7the existing scheme, the day after the tapered protection closing date;
- aa
F52for a full protection member of the existing scheme to whom a retirement pension has become payable under the existing scheme, means the day on which that member becomes an active member of this scheme;
- ab
F57for a full protection member of the existing scheme other than a full protection member described in sub-paragraph (aa), means 1st April 2022;
- b
for a transition member by virtue of the application of paragraph 21 who is not a protected member of F7the existing scheme, the day after the scheme closing date; and
- c
for a transition member by virtue of the application of paragraph 22 who is not a protected member of the existing scheme, the day after the Fair Deal transfer date.
- a
Active membership of the existing scheme2
For the purpose of Parts 2, 3 and 4 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;
b
P is on a gap in service not exceeding 5 years; or
c
P is in receipt of an ill-health pension in respect of the existing scheme.
Gap in service after scheme closing date3
1
Sub-paragraph (2) applies—
a
after the scheme closing date; and
b
in relation to a member of the existing scheme.
2
A member (P) is not on a gap in service while P is in pensionable service under an existing scheme.
Meaning of “tapered protection closing date”4
1
The closing date M1 for a tapered protection member of the existing scheme (“tapered protection closing date”) is a date between 31st May 2015 and 31st January 2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.
2
The tapered protection closing date must fall on the last day of a month.
Continuity of service5
1
This paragraph applies in relation to a transition member (P) who was a member of the existing scheme or an existing public service scheme before becoming an active member of this scheme.
2
For the purpose of this Schedule, P has continuity of service unless P has a gap in service exceeding 5 years which—
a
begins on or before the closing date; and
b
ends on the day on which P becomes an active member of this scheme.
3
In this paragraph, “closing date” means—
F58za
if P is a full protection member of the existing scheme, 31st March 2022;
a
if P is a tapered protection member of the existing scheme, P's tapered protection closing date; or
b
otherwise, the scheme closing date.
PART 2Exceptions for full protection members
Meaning of “full protection member”6
1
A person (P) to whom paragraph 7, 8 or 9 applies is a full protection member of the existing scheme.
F592
P ceases to be a full protection member of the existing scheme on whichever of the following days occurs first—
a
the day on which P ceases to be in pensionable service under the existing scheme; or
b
31st March 2022.
Active members of the existing scheme7
This paragraph applies if—
a
P was an active member of the existing scheme, as defined in Part 1, on the scheme closing date and on 31st March 2012;
b
a pension F54in respect of all P’s pensionable service under the existing scheme, other than a phased retirement pension, has not become payable to P on or after 1st April 2012; and
c
unless P dies, P would reach normal pension age under that scheme on or before 1st April 2022.
Active members of an existing public service scheme8
This paragraph applies if—
a
P was an active member of an existing public service scheme on the scheme closing date and on 31st March 2012;
b
P enters eligible employment not more than 5 years after leaving pensionable service under the existing public service scheme;
c
a pension in respect of all of P's service in the existing public service scheme has not become payable on or after 1st April 2012; and
d
unless P dies, P would reach normal pension age under the existing scheme and the existing public service scheme on or before 1st April 2022.
Fair Deal members9
1
This paragraph applies if sub-paragraphs (2) and (3) apply.
2
This sub-paragraph applies if—
a
on or before the scheme closing date—
i
P was an active member of the existing scheme;
ii
P's employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
iii
as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
iv
P's employment is subject to existing Fair Deal arrangements.
b
after the scheme closing date F60but before 1st April 2022—
i
P is subject to a Fair Deal transfer; and
ii
P is not a member of another pension scheme to which P's employer pays contributions in respect of P.
3
This sub-paragraph applies if—
a
on 31st March 2012 and on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
b
unless P dies, P would reach normal pension age under the existing scheme before 2nd April 2022.
Exception for full protection member during protection period10
1
This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of either paragraph 7 or 8.
2
The protection period for P is the period which—
a
begins on the day after the scheme closing date; and
b
ends when P ceases to be a full protection member of that scheme.
3
During the protection period—
a
P's pensionable service is pensionable service under the existing scheme; and
b
section 18(1) of the Act does not apply in respect of that pensionable service.
Exception for Fair Deal full protection member during protection period11
1
This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of paragraph 9.
2
The protection period for P is the period which—
a
begins on the Fair Deal transfer date; and
b
ends when P ceases to be a full F8... protection member under the existing scheme.
3
During the protection period—
a
P's pensionable service is pensionable service under the existing scheme; and
b
section 18(1) of the Act does not apply in respect of that pensionable service.
Full protection member not eligible to join this scheme12
While a person (P) is a full protection member of the existing scheme, P is not eligible to be an active member of this scheme.
PART 3Exceptions for tapered protection members
Meaning of “tapered protection member”13
1
A person (P) to whom paragraph 14, 15 or 16 applies is a tapered protection member of the existing scheme.
2
P ceases to be a tapered protection member of the existing scheme on whichever of the following days occurs first—
a
P's tapered protection closing date; or
b
the day on which P ceases to be in pensionable service under the existing scheme.
Active members of the existing scheme14
This paragraph applies if—
a
P was an active member of the existing scheme, as defined in Part 1, on the scheme closing date and on 31st March 2012;
b
a pension F55in respect of all P’s pensionable service under the existing scheme, other than a phased retirement pension, has not become payable to P on or after 1st April 2012; and
c
unless P dies, P would reach normal pension age under that scheme between 2nd April 2022 and F930th September 2025 (inclusive).
Active members of an existing public service scheme15
This paragraph applies if—
a
P was an active member of an existing public service scheme on the scheme closing date and on 31st March 2012;
b
P enters eligible employment not more than 5 years after leaving pensionable service under the existing public service scheme;
c
a pension in respect of all of P's service in the existing public service scheme has not become payable on or after 1st April 2012; and
Fair Deal members16
1
This paragraph applies if sub-paragraphs (2) and (3) apply.
2
This sub-paragraph applies if—
a
on or before the scheme closing date—
i
P was an active member of the existing scheme;
ii
P's employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
iii
as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
iv
P's employment is subject to existing Fair Deal arrangements.
b
after the scheme closing date—
i
P is subject to a Fair Deal transfer; and
ii
P is not a member of another pension scheme to which P's employer pays contributions in respect of P.
3
This sub-paragraph applies if—
a
on 31st March 2012 and on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
b
unless P dies, P would reach normal pension age under the existing scheme between 2nd April 2022 and F1130th September 2025 (inclusive).
Exception for tapered protection members during protection period17
1
This paragraph applies to a person (P) if P is a tapered protection member of the existing scheme by virtue of the application of either paragraph 14 or 15.
2
The protection period for P is the period which—
a
begins on the day after the scheme closing date; and
b
ends when P ceases to be a tapered protection member.
3
During the protection period—
a
P's pensionable service is pensionable service under the existing scheme;
b
section 18(1) of the Act does not apply in respect of that pensionable service; and
c
benefits are to be provided under the existing scheme to or in respect of P in relation to that pensionable service.
Exception for Fair Deal tapered protection member during protection period18
1
This paragraph applies to a person (P) if P is a tapered protection member of the existing scheme by virtue of the application of paragraph 16.
2
The protection period for P is the period which—
a
begins on the Fair Deal transfer date; and
b
ends when P ceases to be a tapered protection member of the existing scheme.
3
During the protection period—
a
P's pensionable service is pensionable service under the existing scheme;
b
section 18(1) of the Act does not apply in respect of that pensionable service; and
c
benefits are to be provided under the existing scheme to or in respect of P in relation to that pensionable service.
Tapered protection member not eligible to join this scheme19
While a person (P) is a tapered protection member of the existing scheme, P is not eligible to be an active member of this scheme.
PART 4Transition members becoming active members of this scheme
Meaning of “transition member”20
A person (P) to whom either paragraph 21 or 22 applies is a transition member.
Active members of the existing scheme21
This paragraph applies to a person (P) if—
a
P is a member of the existing scheme by virtue of his or her pensionable service under that scheme before the transition date;
b
P is a member of this scheme by virtue of his or her pensionable service under this scheme on or after the transition date;F12...
F13c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Deal members22
1
This F14...paragraph applies if sub-paragraphs (2) and (3) apply.
2
This sub-paragraph applies if—
a
on or before the scheme closing date—
i
P was an active member of the existing scheme;
ii
P's employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
iii
as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
iv
P's employment is subject to existing Fair Deal arrangements.
b
after the scheme closing date—
i
P is subject to a Fair Deal transfer; and
ii
P is not a member of another pension scheme to which P's employer pays contributions in respect of P.
3
This sub-paragraph applies if—
a
on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
b
unless P dies, P would reach normal pension age under F15the existing scheme on or after 1st October 2025.
Transition members with continuity of service23
A transition member (P) who has continuity of service becomes an active member of this scheme—
a
if P is in pensionable service on the transition date, on that date; or
b
on re-entering pensionable service after the transition date.
Transition members without continuity of service24
A transition member (P) who does not have continuity of service becomes an active member of this scheme when P re-enters pensionable service on or after the transition date.
PART 5Receipt of club transfer values
Application of Part25
1
This Part applies to a member who applies under these Regulations for a club transfer value to be accepted from an existing club scheme (“the sending scheme”).
2
This Part does not apply if—
a
the person (P) has reached 75;
b
retirement benefits have become payable to P under this scheme or under the sending scheme; or
c
the sending scheme was a money purchase arrangement to which P's previous employer made no contribution.
Member with full protection26
1
This paragraph applies if a full protection member of the existing scheme applies to the scheme manager for a club transfer value to be accepted.
2
On receipt of the application, the scheme manager must accept payment of the club transfer value if it is offered.
3
The club transfer value must be paid into the existing scheme.
Member with tapered protection or no protection27
1
This paragraph applies if a tapered protection member or a transition member who is not a protected member applies to the scheme manager for a club transfer value to be accepted.
2
On receipt of the application, the scheme manager must accept payment of the club transfer value if it is offered.
F613
Payment of the club transfer value must be accepted into—
a
the existing scheme so far as the payment relates to—
i
benefits accrued in respect of pensionable service before the transition date; or
ii
final salary benefits whenever accrued;
b
this scheme so far as the payment relates to benefits, other than final salary benefits, accrued in respect of pensionable service on or after the transition date.
PART 6Bulk transfer payments for accepted members
Application of Part28
This Part applies in relation to all persons who—
a
were active members of the existing scheme in relation to an employment before that employment was transferred;
b
as a result of that transfer became subject to existing Fair Deal arrangements and ceased to be active members of the existing scheme in relation to that employment;
c
while subject to that transfer, were active members of an occupational pension scheme; and
d
as a result of a Fair Deal transfer become accepted members of this scheme.
Accepting a bulk transfer payment29
1
This paragraph applies if another occupational pension scheme (“the sending scheme”) offers to make a bulk transfer payment in respect of all persons to whom this Part applies.
2
The scheme manager for the existing scheme must accept a bulk transfer payment if it is offered.
3
A transfer payment in respect of a person (P) may not be accepted as part of a bulk transfer payment if—
a
it relates to service on or after the Fair Deal transfer date; or
b
retirement benefits have become payable to P under the sending scheme.
4
In this Part, “bulk transfer payment” means a single transfer payment in respect of all persons to whom this Part applies.
F625
The bulk transfer payment must be accepted into—
a
the existing scheme so far as the payment relates to—
i
benefits accrued in respect of pensionable service before 1st April 2022; or
ii
final salary benefits whenever accrued;
b
this scheme so far as the payment relates to benefits, other than final salary benefits, accrued in respect of pensionable service on or after 1st April 2022.
PART 7Payment of benefits to transition members
CHAPTER 1General
Reaching normal pension age30
1
If a transition member (P) who applies for payment of retirement benefits under both schemes has reached normal pension age under the existing scheme but has not reached normal pension age under this scheme, the benefits payable under this scheme are to be actuarially reduced.
2
If P has reached normal pension age neither under the existing scheme nor under this scheme, the benefits payable under both schemes are to be actuarially reduced.
3
If P has reached normal pension age—
a
under the existing scheme only, the benefits payable under that scheme are to be actuarially enhanced under the existing scheme rules (if applicable); or
b
under both schemes, the benefits payable under both schemes are to be actuarially enhanced (if applicable).
Application of F16existing scheme regulations31
1
The F16existing scheme regulations apply in relation to the calculation F19and payment of benefits payable in respect of pensionable service under the existing scheme, save that an application for payment of benefits must be made under regulation 162 of these Regulations and not under F20the existing scheme regulations.
2
3
The F16existing scheme regulations apply in relation to an election made by a person (P) for contributions to be paid monthly under paragraph 2(1) (election to pay contributions for additional pension) of Schedule 4 to F17the existing scheme regulations if the election is made F63before the transition date.
F184
For the purpose of determining P’s entitlement to retirement benefits, P’s pensionable employment under the existing scheme terminates when P’s pensionable service under this scheme terminates.
Determination of final salary32
1
2
Annual rate of pension33
Save where provided otherwise in F24paragraph 38 (application for payment of ill-health pension) and paragraph 46 (application for supplementary death grant), the annual rate of pension payable to a transition member is found by adding—
a
the annual rate of pension payable under the existing scheme; and
b
the annual rate of pension payable under this scheme.
CHAPTER 2Application for payment of benefits
Application for payment of age retirement pension34
1
An application by a transition member (P) for payment of an age retirement pension under this scheme is also an application for payment of an age retirement pension in respect of P's pensionable service under the existing scheme.
2
A transition member (P) who has not reached normal pension age under this scheme F25and who has ceased being in pensionable service in this scheme may apply under regulation 162 of these Regulations for payment of age retirement benefits in respect of P's pensionable service under the existing scheme without applying for payment of P's retirement benefits in respect of pensionable service under this scheme.
Application for payment of phased retirement pension35
1
A transition member (P) who makes a phased retirement application under this scheme may elect to receive phased retirement benefits—
a
in respect of pensionable service under the existing scheme only;
b
in respect of pensionable service under this scheme only; or
c
in respect of pensionable service under both the existing scheme and this scheme .
2
P's application for phased retirement benefits in respect of pensionable service under both the existing scheme and this scheme may specify a different phased retirement proportion for each scheme.
Application for payment of premature retirement pension36
A transition member (P) who applies for payment of a premature retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme F26in addition to P's premature retirement pension payable under this scheme.
Application for payment of early retirement pension37
A transition member (P) who applies for payment of an early retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme F27in addition to P's early retirement pension payable under this scheme.
Application for payment of ill-health pension38
1
A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—
a
P applies before P's transition date for payment of an ill-health pension, and
b
P's application is successfully determined F28....
F292
If P makes a successful application for payment of an ill-health pension on or after P’s transition date—
a
before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;
b
from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—
i
under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and
ii
under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.
F303
If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.
F5Transition member who has not reached normal pension age under the existing scheme38A
1
This paragraph applies to a transition member (P) whilst P—
a
is entitled to an ill-health pension under this scheme; and
b
has not reached normal pension age under the existing scheme.
2
Whilst this paragraph applies—
a
no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and
b
a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).
3
Whilst this paragraph applies, the following are payable to P—
a
a pension, the annual rate of which is the sum of—
i
P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,
ii
the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation 65 of the existing scheme regulations, and adjusted following any election by P under regulation 116 of those Regulations, and
iii
the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;
b
i
any lump sum payable to P under regulation 168 of these Regulations, and
ii
the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation 116 of the existing scheme regulations, if P makes such an election.
4
P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received had P been entitled to payment of an ill-health pension under the existing scheme, in accordance with the existing scheme regulations.
5
If a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end.
6
If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case E as provided in Schedule 7 of the existing scheme regulations.
F5Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme38B
1
This paragraph applies to a transition member (P) in receipt of a pension in accordance with paragraph 38A.
2
When P reaches normal pension age under the existing scheme, any benefit which is payable under paragraph 38A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and any age pension due to P under the existing scheme becomes payable in accordance with the existing scheme regulations.
3
In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—
a
any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation 116 or by commutation under regulation 118 or regulation 119 of the existing scheme regulations;
b
any transfer payment made to another scheme before P reached normal pension age under the existing scheme.
4
Before the payments in sub-paragraph (3), if any, are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under PIA 1971 if—
a
that pension was eligible to be so increased, and
b
the entitlement day for that pension was the date P’s pension became payable under regulation 38A.
Entitlement to payment of total incapacity pension39
1
Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of F31the existing scheme regulations.
2
P may receive payment of total incapacity benefits under the existing scheme regulations if—
a
before P's transition date, P makes an application under regulation 65 of F31the existing scheme regulations which is not determined by the transition date;
b
P's application is successfully determined after the transition date; and
c
P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.
F3Calculation of retirement benefits after ill-health pension ceases to be payable: modification39A
1
This paragraph applies to a transition member (P), if—
a
P is entitled to receive benefits payable under this scheme; and
b
P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.
2
Regulation 71 of the existing scheme regulations applies with the modification in regulation 71(2)(a)(i) of those regulations that after “pensionable employment of a person (P)” is inserted “including pensionable service under the Teachers’ Pension Scheme Regulations 2014”.
F3Reduction of ill-health pension and total incapacity pension39B
1
This paragraph applies to a transition member (P), if—
a
P is entitled to receive benefits payable under this scheme, including total incapacity pension; and
b
P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.
2
The scheme manager may determine, after taking advice from the scheme actuary, that either or both of the following benefits are reduced—
a
P’s total incapacity benefits in this scheme;
b
part of P’s ill health benefits under regulation 71 of the existing scheme regulations (including by reference to paragraph 39A).
Entitlement to payment of a short-service serious ill-health grant40
1
Save as provided in this paragraph, a transition member (P) is not entitled to payment of a short-service serious ill-health grant under regulation 79 of F32the existing scheme regulations.
2
P may receive payment of a short-service serious ill-health grant under the existing scheme regulations if—
a
before P's transition date, P makes an application under regulation 79 of F32the existing scheme regulations which is not determined by the transition date;
b
P's application is successfully determined after the transition date; and
c
P has not made a subsequent application under regulation 162 of these regulations for payment of a short-service serious ill-health grant.
3
The amount of the payment of a short-service ill-health grant payable under sub-paragraph (2) is calculated under regulation 122 of these Regulations.
Application for payment of a surviving adult pension41
1
When the surviving adult of a transition member applies for payment of a surviving adult pension under this scheme, the surviving adult must also apply for payment of an adult pension under the existing scheme.
F332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The enhancement of a surviving adult pension—
a
is applied under regulation 145 of these Regulations; but
b
is not applied under Schedule 9 to the existing scheme F34regulations.
F1Calculation of a short-term surviving adult pension of a surviving adult of a transition member41A
1
This paragraph applies to a short-term surviving adult pension payment to a surviving adult of a transition member.
2
The short-term rate of surviving adult pension—
a
is payable under this scheme; but
b
is not payable under regulation 95 of the existing scheme regulations.
F1Long-term rate of a surviving adult pension of a surviving adult of a transition member41B
The long-term rate of a surviving adult pension of a surviving adult (S) of a transition member is the sum of—
a
the surviving adult pension under this scheme;
b
the adult pension under the existing scheme;
c
any enhancement to which S is entitled under regulation 145 of these Regulations; and
d
any enhancement to which S is entitled under Part 3 of Schedule 9 to the existing scheme regulations.
F1Reduction of surviving adult pension41C
1
This paragraph applies if the surviving adult (S) of a transition member applies—
a
for payment of a surviving adult pension under this scheme; and
b
for payment of an adult pension under the existing scheme.
2
The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancements of surviving adult pension benefits are reduced—
a
S’s enhancement of a surviving adult pension under regulation 145 of these Regulations;
b
S’s enhancement of a surviving adult pension under Part 3 of Schedule 9 to the existing scheme regulations.
Application for payment of an additional (surviving adult) pension42
When the surviving adult of a transition member applies for payment of an additional (surviving adult) pension under this scheme, the surviving adult must also apply for payment of an additional pension under the existing scheme.
Application for payment of a child pension43
1
When the eligible child of a transition member applies for payment of a child pension under this scheme, the eligible child must also apply for payment of a child pension under the existing scheme.
F352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The enhancement of a child pension—
a
is applied under regulation 152 of these Regulations; but
b
is not applied under Schedule 9 to the existing scheme F36regulations.
F2Calculation of a short-term child pension of an eligible child of a transition member43A
1
This paragraph applies to a short-term child pension payment to a child of a transition member.
2
The short-term rate of child pension—
a
is payable under this scheme; but
b
is not payable under regulation 98 of the existing scheme regulations.
F2Rate of a long-term child pension of an eligible child of a transition member43B
The long-term rate of a child pension of an eligible child (C) of a transition member is the sum of—
a
the child pension under this scheme;
b
the child pension under the existing scheme;
c
any enhancement to which C is entitled under regulation 152 of these Regulations, and
d
any enhancement to which C is entitled under Part 3 of Schedule 9 of the existing scheme regulations.
F2Reduction of child pension43C
1
This paragraph applies if the eligible child (C) of a transition member applies—
a
for payment of a child pension under this scheme; and
b
for payment of a child pension under the existing scheme.
2
The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancement of child pension benefits are reduced—
a
C’s enhancement of a child pension under regulation 152 of these Regulations;
b
C’s enhancement of a child pension under Part 3 of Schedule 9 to the existing scheme benefits.
Application for payment of a death in service grant44
1
The beneficiary of a transition member (D) is not entitled to a death in service grant under regulation 83 or 84 of the existing scheme F37regulations.
2
The amount of the death in service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that schemeF38, other than any lump sum already recovered.
Application for payment of a death out of service grant45
1
When the beneficiary of a transition member applies for payment of a death out of service grant under this scheme, the beneficiary must also apply for payment of a death out of service grant under the existing scheme F39regulations.
2
The amount of the death out of service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that schemeF40, other than any lump sum already recovered.
Application for supplementary death grant46
1
An application for a supplementary death grant by the beneficiary of a transition member is an application for a supplementary death grant under this scheme and under the existing scheme.
2
Paragraph 33 (annual rate of pension) does not apply in respect of an application under this paragraph.
Application for payment of benefits for pension credit members47
1
A F41pension credit member (P) F42with pension credit rights in this scheme and the existing scheme, who has not reached normal pension age under the existing scheme when P applies for payment of a pension credit retirement pension under this scheme will receive payment F43under the existing scheme of any benefits payable to P in respect of pensionable service under the existing scheme.
2
If P applies for payment of a pension credit retirement pension after having reached normal pension age under the existing scheme, P may apply F44under this scheme for payment F45... of a pension credit retirement pension in respect of pensionable service under—
a
the existing scheme;
b
this scheme; or
c
the existing scheme and this scheme.
PART 8Provision in relation to the existing scheme
Election for employment not to be pensionable in relation to existing scheme continues to have effect48
A person (P) is taken to have opted out of this scheme in relation to an eligible employment if, on P's transition date, an election for that employment not to be pensionable has effect in relation to the existing scheme.
Qualifying for retirement benefits under the existing scheme49
In determining whether a transition member is qualified for retirement benefits under the existing scheme, the member's qualifying service includes the total of—
a
the member's qualifying service under the existing scheme; and
b
the member's qualifying service under this scheme.
Repayment of balance of contributions50
An application by a transitional member (P) for the repayment of the balance of P's contributions under regulation 189 is also an application for any repayment of the balance of contributions due to P under regulations 22 to 24 of F46the existing scheme regulations.
Residential emoluments51
Where the money value of a transition member's (P)'s residential benefits in kind is treated as part of P's contributable salary by virtue of an application under regulation 16(4) of F48the existing scheme regulations, this has effect as if the application were made under regulation 37 of these RegulationsF47....
F50Transfer payments in respect of the existing scheme52
A transfer payment made in respect of a transition member by the scheme manager must be in relation to any benefits accrued in this scheme and any service accrued in the existing scheme F49in respect of which pension benefits have not been taken.
Nomination continues to have effect53
A nomination under regulation 82 (death grant) F53... or 91 (surviving nominated beneficiary) of the existing scheme has effect as if made under Part 6 of these Regulations.
Election to pay contributions by a person serving in a reserve force54
1
An election by a transition member (P) to pay contributions made under regulation 19 of F51the existing scheme regulations has effect as if made under regulation 26 of these Regulations.
2
On becoming an active member of this scheme P does not begin to accrue service which counts for the purpose of benefits in respect of P's permanent service for the purpose of regulation 19(3) of F51the existing scheme regulations.
F4Commutation: small pensions55
An application by a transition member under regulation 162 (application for payment of benefits) for a commutation under regulation 174 (commutation: small pensions) also has effect as an application for any commutation due to P under regulation 119 (commutation: small pensions) of the existing scheme regulations.