The Teachers’ Pension Scheme Regulations 2014

PART 2 Exceptions for full protection members

Meaning of “full protection member”

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

(2) P ceases to be a full protection member of the existing scheme when P ceases to be in pensionable service under the existing scheme.

Active members of the existing scheme

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, 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.

Active members of an existing public service scheme

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

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—

(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.

Exception for full protection member during protection period

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

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 time 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.

Full protection member not eligible to join this scheme

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.