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;
F1...
“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 F2the existing scheme, the day after the tapered protection closing date;
- aa
F3for 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;
- b
for a transition member by virtue of the application of paragraph 21 who is not a protected member of F2the 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—
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.