SCHEDULE 3Transitional provisions

PART 2Exceptions 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 scheme7

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 1st 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 scheme8

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 1st 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 members9

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 period10

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 period11

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 scheme12

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.