10.—(1) The protection period for a tapered 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 tapered protection member of an existing 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 that scheme to or in respect of P in relation to that pensionable service.
11.—(1) While a person (P) is a tapered protection member of an existing scheme, P is not eligible to be an active member of this scheme.
(2) P ceases to be a tapered protection member of an existing scheme on whichever of the following days occurs first—
(a)P's tapered protection closing date; or
(b)the day on which P ceases to be in pensionable service under an existing scheme.
12.—(1) A person (P) is a tapered 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 an existing scheme on the scheme closing date; and
(c)unless P dies, P would reach normal pension age during the period beginning with 2nd April 2022 and ending with 1st September 2025.
(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—
(i)Scheme A 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.
13.—(1) A person (P) is a tapered 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 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—
(i)Scheme A 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.
(2) For the purposes of this paragraph—
(a)the closing date for an existing scheme is the date referred to in section 18(1) of the Act as applicable;
(b)“exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations which relate to that scheme; and
(c)“protected member of P's transitional scheme” means a person in respect of whom an exception applies for the purposes of that scheme.
13A. A person (P) is a tapered protection member of an existing scheme if—
(a)P was serving in a fee-paid office on 31st March 2012;
(b)P was aged between 51 years and 6 months and 55 years 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 the scheme closing date, but before the tapered protection closing date for that scheme, and
(e)P would, unless P dies, reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 1st September 2025.]
Textual Amendments
F1Sch. 2 para. 13A and cross-heading inserted (5.4.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(3), 16(6)