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”—

    1. a

      for a full protection member of the existing scheme, has the meaning given in Part 2;

    2. b

      for a tapered protection member of the existing scheme, has the meaning given in Part 3;

  • “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—

    1. a

      for a tapered protection member of F2the existing scheme, the day after the tapered protection closing date;

    2. 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;

    3. 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

    4. 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.

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.

Annotations:
Marginal Citations
M1

See section 18(4) and (7) of the Act for the meaning of “closing date”.

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.