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.