SCHEDULE 3Transitional provisions

PART 4Transition members becoming active members of this scheme

Meaning of “transition member”

20.  A person (P) to whom either paragraph 21 or 22 applies is a transition member.

Active members of the existing scheme

21.  This paragraph applies to a person (P) if—

(a)P is a member of the existing scheme by virtue of his or her pensionable service under that scheme before the transition date;

(b)P is a member of this scheme by virtue of his or her pensionable service under this scheme on or after the transition date; and

(c)either—

(i)unless P dies, P would reach normal pension age under this scheme on or after 2nd September 2025, or

(ii)P enters post-benefit service between 31st March 2012 and the scheme closing date.

Fair Deal members

22.—(1) This sub-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 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 this scheme on or after 2nd September 2025.

Transition members with continuity of service

23.  A transition member (P) who has continuity of service becomes an active member of this scheme—

(a)if P is in pensionable service on the transition date, on that date; or

(b)on re-entering pensionable service after the transition date.

Transition members without continuity of service

24.  A transition member (P) who does not have continuity of service becomes an active member of this scheme when P re-enters pensionable service on or after the transition date.