The Teachers' Pension Scheme Regulations 2014

PART 2 E+W Exceptions for full protection members

Meaning of “full protection member” E+W

6.—(1) A person (P) to whom paragraph 7, 8 or 9 applies is a full protection member of the existing scheme.

[F1 (2) 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.]

Textual Amendments

F1 Sch. 3 para. 6(2) substituted (1.4.2022) by The Teachers’ Pension Scheme (Amendment) Regulations 2022 (S.I. 2022/320), regs. 1(2), 2(4)

Active members of the existing scheme E+W

7.  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 [F2 in 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 1^st April 2012; and

(c) unless P dies, P would reach normal pension age under that scheme on or before 1st April 2022.

Textual Amendments

F2 Words in Sch. 3 para. 7(b) inserted (1.8.2021) by The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021 (S.I. 2021/805), regs. 1, 20(a)

Active members of an existing public service scheme E+W

8.  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 1^st 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 members E+W

9.—(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 [F3 but 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.

Textual Amendments

F3 Words in Sch. 3 para. 9(2)(b) inserted (1.4.2022) by The Teachers’ Pension Scheme (Amendment) Regulations 2022 (S.I. 2022/320), regs. 1(2), 2(5)

Exception for full protection member during protection period E+W

10.—(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 period E+W

11.—(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 F4 ... 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.

Textual Amendments

F4 Word in Sch. 3 para. 11(2)(b) omitted (1.4.2015) by virtue of The Teachers Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/2652), regs. 1, 33

Full protection member not eligible to join this scheme E+W

12.  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.