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The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

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Fair Deal eligible persons transferred out after 31st March 2012

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26.—(1) This paragraph applies if sub-paragraphs (2), (3), (4) and (5) apply.

(2) This sub-paragraph applies if—

(a)P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(b)P ceased to be an active member of the PCSPS(NI) or of this scheme on a date (P’s transfer date) after 31st March 2012;

(c)P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

(d)P begins service which is pensionable under the PCSPS(NI) as an Article 3(3)(a) eligible person on a date (P’s re-joining date) after P’s transfer date; and

(e)Between P’s transfer date and P’s re-joining date—

(i)P was not eligible to be in pensionable service under the PCSPS(NI); or

(ii)P was only eligible to be in pensionable service under the PCSPS(NI) as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS(NI) as a result of the transfer P was–

(aa)an active member of the PCSPS(NI); and

(bb)continuously employed to carry out the transferred services whilst P was eligible to be in pensionable service under the PCSPS(NI).

(3) This sub-paragraph applies if P is an active member of the PCSPS(NI) as an Article 3(3A) eligible person continuously after P’s re-joining date.

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if, P would, unless P dies, reach normal pension age under—

(i)the PCSPS(NI) during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii)P’s transitional scheme on or before 1st September 2025.

(6) In this paragraph, “continuously” means without a gap of any period.

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