3.—(1) This regulation applies to a person who was an active member of the 2002 Scheme and becomes a member of the Scheme by virtue of regulation 2 (active members) of the Benefits Regulations.
(2) Notwithstanding the revocations effected by regulation 2, the Regulations listed in Schedule 1 continue to have effect, subject to regulation 4, so far as is necessary so that—
(a)the person’s total membership accrued in the 2002 Scheme in respect of, or calculated by reference to, his service before 1st April 2009, and the pension rights accrued at that date, are preserved; and
(b)his benefits under the 2002 Scheme are payable immediately where benefits become payable without reduction under regulations 16 (normal retirement), 17 (retirement after normal retirement date), 19 (early leavers: business efficiency and redundancy) and 20 (early leavers: ill-health) of the Benefits Regulations, or with the appropriate actuarial reduction in line with guidance produced by the Government Actuary where benefits become payable under regulations 18 (flexible retirement) or 30 (choice of early payment of pension) of the Benefits Regulations.
(3) But his final pay, for the purposes of any calculation of benefits under paragraph (2), is calculated in accordance with regulations 8 (final pay: general) to 11 (final pay: fluctuating emoluments) of the Benefits Regulations.
(4) And, for the purposes of regulation 24 (survivor benefits: active members), 33 (survivor benefits: deferred members) or 36 (survivor benefits: pensioner members) of the Benefits Regulations as they apply to nominated cohabiting partners or civil partners, only periods of membership after 5th April 1988 are to be taken into account.