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SCHEDULE 3E+WTransitional provisions

PART 7E+WPayment of benefits to transition members

CHAPTER 1E+WGeneral

Reaching normal pension ageE+W

30.—(1) If a transition member (P) who applies for payment of retirement benefits under both schemes has reached normal pension age under the existing scheme but has not reached normal pension age under this scheme, the benefits payable under this scheme are to be actuarially reduced.

(2) If P has reached normal pension age neither under the existing scheme nor under this scheme, the benefits payable under both schemes are to be actuarially reduced.

(3) If P has reached normal pension age—

(a)under the existing scheme only, the benefits payable under that scheme are to be actuarially enhanced under the existing scheme rules (if applicable); or

(b)under both schemes, the benefits payable under both schemes are to be actuarially enhanced (if applicable).

Application of [F1existing scheme regulations] E+W

31.—(1) The [F1existing scheme regulations] apply in relation to the calculation [F2and payment] of benefits payable in respect of pensionable service under the existing scheme, save that an application for payment of benefits must be made under regulation 162 of these Regulations and not under [F3the existing scheme regulations].

(2) The [F1existing scheme regulations] apply in relation to the payment of additional pension with a retirement pension under the existing scheme, save that an application for payment of benefits must be made under regulation 162 of these Regulations and not under [F4the existing scheme regulations].

(3) The [F1existing scheme regulations] apply in relation to an election made by a person (P) for contributions to be paid monthly under paragraph 2(1) (election to pay contributions for additional pension) of Schedule 4 to [F5the existing scheme regulations] if the election is made before—

(a)the date P ceases to be in pensionable service under the existing scheme, if P is a full protection member; or

(b)the transition date.

[F6(4) For the purpose of determining P’s entitlement to retirement benefits, P’s pensionable employment under the existing scheme terminates when P’s pensionable service under this scheme terminates.]

Textual Amendments

Determination of final salaryE+W

32.—(1) For the purpose of calculating benefits payable under the existing scheme to or in respect of a transition member with continuity of service, the member's final salary is determined by reference to Part 5 of [F7the existing scheme regulations] [F8and Schedule 7 to the Act].

(2) Where a salary restriction under regulation 39 of [F7the existing scheme regulations] applies in respect of the benefits payable to a transition member, no repayment of contributions is payable under regulation 26 of [F7the existing scheme regulations].

Textual Amendments

Annual rate of pensionE+W

33.  Save where provided otherwise in [F9paragraph 38 (application for payment of ill-health pension) and] paragraph 46 (application for supplementary death grant), the annual rate of pension payable to a transition member is found by adding—

(a)the annual rate of pension payable under the existing scheme; and

(b)the annual rate of pension payable under this scheme.

Textual Amendments

CHAPTER 2E+WApplication for payment of benefits

Application for payment of age retirement pensionE+W

34.—(1) An application by a transition member (P) for payment of an age retirement pension under this scheme is also an application for payment of an age retirement pension in respect of P's pensionable service under the existing scheme.

(2) A transition member (P) who has not reached normal pension age under this scheme [F10and who has ceased being in pensionable service in this scheme] may apply under regulation 162 of these Regulations for payment of age retirement benefits in respect of P's pensionable service under the existing scheme without applying for payment of P's retirement benefits in respect of pensionable service under this scheme.

Textual Amendments

Application for payment of phased retirement pensionE+W

35.—(1) A transition member (P) who makes a phased retirement application under this scheme may elect to receive phased retirement benefits—

(a)in respect of pensionable service under the existing scheme only;

(b)in respect of pensionable service under this scheme only; or

(c)in respect of pensionable service under both the existing scheme and this scheme .

(2) P's application for phased retirement benefits in respect of pensionable service under both the existing scheme and this scheme may specify a different phased retirement proportion for each scheme.

Application for payment of premature retirement pensionE+W

36.  A transition member (P) who applies for payment of a premature retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F11in addition to] P's premature retirement pension payable under this scheme.

Textual Amendments

Application for payment of early retirement pensionE+W

37.  A transition member (P) who applies for payment of an early retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F12in addition to] P's early retirement pension payable under this scheme.

Textual Amendments

Application for payment of ill-health pensionE+W

38.—(1) A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—

(a)P applies before P's transition date for payment of an ill-health pension, and

(b)P's application is successfully determined F13....

[F14(2) If P makes a successful application for payment of an ill-health pension on or after P’s transition date—

(a)before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 38A;

(b)from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 38B—

(i)under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme, and

(ii)under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.]

[F15(3) If P has more than one normal pension age in the existing scheme under regulation 48 of the existing scheme regulations, sub-paragraph (2) and regulations 38A and 38B apply to each normal pension age in relation to the pensionable service to which it applies.]

Textual Amendments

[F16Transition member who has not reached normal pension age under the existing schemeE+W

38A.—(1) This paragraph applies to a transition member (P) whilst P—

(a)is entitled to an ill-health pension under this scheme; and

(b)has not reached normal pension age under the existing scheme.

(2) Whilst this paragraph applies—

(a)no pension is payable to P under the existing scheme before P’s normal pension age in that scheme; and

(b)a pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).

(3) Whilst this paragraph applies, the following are payable to P—

(a)a pension, the annual rate of which is the sum of—

(i)P’s annual rate of ill-health pension calculated under regulation 113 of these Regulations,

(ii)the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation 65 of the existing scheme regulations, and adjusted following any election by P under regulation 116 of those Regulations, and

(iii)the annual rate of total incapacity pension, if any, payable under regulation 116 of these Regulations;

(b)(i)any lump sum payable to P under regulation 168 of these Regulations, and

(ii)the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation 116 of the existing scheme regulations, if P makes such an election.

(4) P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received had P been entitled to payment of an ill-health pension under the existing scheme, in accordance with the existing scheme regulations.

(5) If a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end.

(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case E as provided in Schedule 7 of the existing scheme regulations.]

Textual Amendments

[F16Transition member in receipt of an ill-health pension who has reached normal pension age under the existing schemeE+W

38B.—(1) This paragraph applies to a transition member (P) in receipt of a pension in accordance with paragraph 38A.

(2) When P reaches normal pension age under the existing scheme, any benefit which is payable under paragraph 38A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and any age pension due to P under the existing scheme becomes payable in accordance with the existing scheme regulations.

(3) In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—

(a)any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation 116 or by commutation under regulation 118 or regulation 119 of the existing scheme regulations;

(b)any transfer payment made to another scheme before P reached normal pension age under the existing scheme.

(4) Before the payments in sub-paragraph (3), if any, are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under PIA 1971 if—

(a)that pension was eligible to be so increased, and

(b)the entitlement day for that pension was the date P’s pension became payable under regulation 38A.]

Textual Amendments

Entitlement to payment of total incapacity pensionE+W

39.—(1) Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of [F17the existing scheme regulations].

(2) P may receive payment of total incapacity benefits under the existing scheme regulations if—

(a)before P's transition date, P makes an application under regulation 65 of [F17the existing scheme regulations] which is not determined by the transition date;

(b)P's application is successfully determined after the transition date; and

(c)P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.

Textual Amendments

[F18Calculation of retirement benefits after ill-health pension ceases to be payable: modificationE+W

39A.—(1) This paragraph applies to a transition member (P), if—

(a)P is entitled to receive benefits payable under this scheme; and

(b)P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.

(2) Regulation 71 of the existing scheme regulations applies with the modification in regulation 71(2)(a)(i) of those regulations that after “pensionable employment of a person (P)” is inserted “including pensionable service under the Teachers’ Pension Scheme Regulations 2014”.]

Textual Amendments

[F18Reduction of ill-health pension and total incapacity pensionE+W

39B.—(1) This paragraph applies to a transition member (P), if—

(a)P is entitled to receive benefits payable under this scheme, including total incapacity pension; and

(b)P was in receipt of a previous ill-health pension following an application which was received by the Secretary of State before 6th January 2007.

(2) The scheme manager may determine, after taking advice from the scheme actuary, that either or both of the following benefits are reduced—

(a)P’s total incapacity benefits in this scheme;

(b)part of P’s ill health benefits under regulation 71 of the existing scheme regulations (including by reference to paragraph 39A).]

Textual Amendments

Entitlement to payment of a short-service serious ill-health grantE+W

40.—(1) Save as provided in this paragraph, a transition member (P) is not entitled to payment of a short-service serious ill-health grant under regulation 79 of [F19the existing scheme regulations].

(2) P may receive payment of a short-service serious ill-health grant under the existing scheme regulations if—

(a)before P's transition date, P makes an application under regulation 79 of [F19the existing scheme regulations] which is not determined by the transition date;

(b)P's application is successfully determined after the transition date; and

(c)P has not made a subsequent application under regulation 162 of these regulations for payment of a short-service serious ill-health grant.

(3) The amount of the payment of a short-service ill-health grant payable under sub-paragraph (2) is calculated under regulation 122 of these Regulations.

Textual Amendments

Application for payment of a surviving adult pensionE+W

41.—(1) When the surviving adult of a transition member applies for payment of a surviving adult pension under this scheme, the surviving adult must also apply for payment of an adult pension under the existing scheme.

F20(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The enhancement of a surviving adult pension—

(a)is applied under regulation 145 of these Regulations; but

(b)is not applied under Schedule 9 to the existing scheme [F21regulations].

Textual Amendments

[F22Calculation of a short-term surviving adult pension of a surviving adult of a transition memberE+W

41A.—(1) This paragraph applies to a short-term surviving adult pension payment to a surviving adult of a transition member.

(2) The short-term rate of surviving adult pension—

(a)is payable under this scheme; but

(b)is not payable under regulation 95 of the existing scheme regulations.]

Textual Amendments

[F22Long-term rate of a surviving adult pension of a surviving adult of a transition memberE+W

41B.  The long-term rate of a surviving adult pension of a surviving adult (S) of a transition member is the sum of—

(a)the surviving adult pension under this scheme;

(b)the adult pension under the existing scheme;

(c)any enhancement to which S is entitled under regulation 145 of these Regulations; and

(d)any enhancement to which S is entitled under Part 3 of Schedule 9 to the existing scheme regulations.]

Textual Amendments

[F22Reduction of surviving adult pensionE+W

41C.—(1) This paragraph applies if the surviving adult (S) of a transition member applies—

(a)for payment of a surviving adult pension under this scheme; and

(b)for payment of an adult pension under the existing scheme.

(2) The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancements of surviving adult pension benefits are reduced—

(a)S’s enhancement of a surviving adult pension under regulation 145 of these Regulations;

(b)S’s enhancement of a surviving adult pension under Part 3 of Schedule 9 to the existing scheme regulations.]

Textual Amendments

Application for payment of an additional (surviving adult) pensionE+W

42.  When the surviving adult of a transition member applies for payment of an additional (surviving adult) pension under this scheme, the surviving adult must also apply for payment of an additional pension under the existing scheme.

Application for payment of a child pensionE+W

43.—(1) When the eligible child of a transition member applies for payment of a child pension under this scheme, the eligible child must also apply for payment of a child pension under the existing scheme.

F23(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The enhancement of a child pension—

(a)is applied under regulation 152 of these Regulations; but

(b)is not applied under Schedule 9 to the existing scheme [F24regulations].

Textual Amendments

[F25Calculation of a short-term child pension of an eligible child of a transition memberE+W

43A.—(1) This paragraph applies to a short-term child pension payment to a child of a transition member.

(2) The short-term rate of child pension—

(a)is payable under this scheme; but

(b)is not payable under regulation 98 of the existing scheme regulations.]

Textual Amendments

[F25Rate of a long-term child pension of an eligible child of a transition memberE+W

43B.  The long-term rate of a child pension of an eligible child (C) of a transition member is the sum of—

(a)the child pension under this scheme;

(b)the child pension under the existing scheme;

(c)any enhancement to which C is entitled under regulation 152 of these Regulations, and

(d)any enhancement to which C is entitled under Part 3 of Schedule 9 of the existing scheme regulations.]

Textual Amendments

[F25Reduction of child pensionE+W

43C.—(1) This paragraph applies if the eligible child (C) of a transition member applies—

(a)for payment of a child pension under this scheme; and

(b)for payment of a child pension under the existing scheme.

(2) The scheme manager may determine after taking advice from the scheme actuary that either or both of the following enhancement of child pension benefits are reduced—

(a)C’s enhancement of a child pension under regulation 152 of these Regulations;

(b)C’s enhancement of a child pension under Part 3 of Schedule 9 to the existing scheme benefits.]

Textual Amendments

Application for payment of a death in service grantE+W

44.—(1) The beneficiary of a transition member (D) is not entitled to a death in service grant under regulation 83 or 84 of the existing scheme [F26regulations].

(2) The amount of the death in service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that scheme[F27, other than any lump sum already recovered].

Textual Amendments

Application for payment of a death out of service grantE+W

45.—(1) When the beneficiary of a transition member applies for payment of a death out of service grant under this scheme, the beneficiary must also apply for payment of a death out of service grant under the existing scheme [F28regulations].

(2) The amount of the death out of service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D's pensionable service under that scheme[F29, other than any lump sum already recovered].

Textual Amendments

Application for supplementary death grantE+W

46.—(1) An application for a supplementary death grant by the beneficiary of a transition member is an application for a supplementary death grant under this scheme and under the existing scheme.

(2) Paragraph 33 (annual rate of pension) does not apply in respect of an application under this paragraph.

Application for payment of benefits for pension credit membersE+W

47.—(1) A [F30pension credit member] (P) [F31with pension credit rights in this scheme and the existing scheme,] who has not reached normal pension age under the existing scheme when P applies for payment of a pension credit retirement pension under this scheme will receive payment [F32under the existing scheme] of any benefits payable to P in respect of pensionable service under the existing scheme.

(2) If P applies for payment of a pension credit retirement pension after having reached normal pension age under the existing scheme, P may apply [F33under this scheme] for payment F34... of a pension credit retirement pension in respect of pensionable service under—

(a)the existing scheme;

(b)this scheme; or

(c)the existing scheme and this scheme.

Textual Amendments