to whom Part 4 applies, or would apply but for the fact that the member is a protected member;

who immediately before the material date was employed in relevant employment whether or not in a single post and, if in more than one post, had left all such posts on the material date; and

in relation to whom the conditions in paragraph (3) are satisfied.

retirement benefits have not become payable to P by virtue of Case C applying to P’s reckonable service, and P has not applied for an ill-health pension or a total incapacity pension under regulation 162 of the 2014 Regulations;

there is no entitlement for P’s case to be considered or further considered for the payment of long-term or retirement compensation under the Colleges of Education (Compensation) Regulations 197517 (whether or not by way of review under regulation 32 of those Regulations) in respect of the termination of employment;

P has not received, and is not entitled to receive, a payment under section 37(1) to (3) of the 2002 Act.