SCHEDULE 3Transitional provisions

PART 1Interpretation

Interpretation

1.

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;

“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;

(b)

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;

(c)

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

(d)

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 scheme

2.

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 date

3.

(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

M1See section 18(4) and (7) of the Act for the meaning of “closing date”.

Continuity of service

5.

(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.