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”—
for a full protection member of the existing scheme, has the meaning given in Part 2;
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—
for a tapered protection member of [F2the existing scheme], the day after the tapered protection closing date;
[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;]
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
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.
Textual Amendments
F1Words in Sch. 3 para. 1 omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 32(a)
F2Words in Sch. 3 para. 1 substituted (1.4.2015) by The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 32(b)
F3Words in Sch. 3 para. 1 inserted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 29(a)
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.
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.
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.
Marginal Citations
M1See section 18(4) and (7) of the Act for the meaning of “closing date”.
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.