The Judicial Pensions Regulations (Northern Ireland) 2015 No. 76

SCHEDULE 2 N.I. Transitional provisions

PART 2 N.I. Exceptions to section 18(1) of the Act: full protection members of an existing scheme

Exception for full protection members during protection period N.I.

6.—(1) The protection period for a person (P) who is a full protection member of an existing scheme 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.

(2) During the protection period—

(a) P is eligible to be in pensionable service under an existing scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

(c) benefits are to be provided under an existing scheme to or in respect of P in relation to that pensionable service.

Full protection member not eligible to join this scheme N.I.

7.—(1) While a person (P) is a full protection member of an existing scheme, P is not eligible to be an active member of this scheme.

(2) P ceases to be a full protection member of an existing scheme when P ceases to be in pensionable service under that scheme.

Members of an existing scheme on scheme closing date N.I.

8.—(1) A person (P) is a full protection member of an existing scheme if sub-paragraph (2) or sub-paragraph (3) applies—

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme on 31st March 2012;

(b) P was an active member of that scheme on the scheme closing date; and

(c) unless P dies, P would reach normal pension age under that scheme on or before 1st April 2022.

(3) This sub-paragraph applies if—

(a) P was an active member of an existing scheme (“P's transitional scheme”) on 31st March 2012;

(b) P was an active member of an existing scheme (“Scheme A”) on the scheme closing date; and

(c) P would, unless P dies, reach normal pension age under Scheme A and P's transitional scheme on or before 1st April 2022.

Members moving between schemes after the scheme closing date N.I.

9.—(1) A person (P) is a full protection member of an existing scheme if—

(a) P was an active member of an existing scheme (“P's transitional scheme”) on 31st March 2012 and on the closing date for that scheme;

(b) P begins pensionable service which is pensionable under an existing scheme (“Scheme A”), not more than 5 years after leaving pensionable service in P's transitional scheme.

(c) P would have been a fully protected member of P's transitional scheme had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under Scheme A; and

(d) P would, unless P dies, reach normal pension age under Scheme A and P's transitional scheme on or before 1st April 2022.

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4) of the Act as applicable;

(b) “exception”, in relation to an existing scheme, means an exception under section 18(6) of the Act provided for in scheme regulations which relate to that scheme; and

(c) “fully protected member” of an existing scheme means a person in respect of whom an exception applies and that exception is one to which section 18(6) of the Act applies for the purposes of that scheme.

[F1 Members with previous service in a fee-paid office N.I.

9A.   A person (P) is a full protection member of an existing scheme if—

(a) P was serving in a fee-paid office on 31st March 2012;

(b) P was aged 55 years or over on 1st April 2012;

(c) the appropriate Minister has notified P that P is eligible to a pension in respect of their service in that fee-paid office;

(d) P either—

(i) was an active member of an existing scheme on the scheme closing date, or

(ii) begins service, which would have been pensionable under an existing scheme, after scheme closing date, and

(e) P would, unless P dies, reach normal pension age under that scheme on or before 1st April 2022.]

Textual Amendments

F1 Sch. 2 para. 9A and cross-heading inserted (5.4.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(3), 16(5)