The Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014

PART 1 Interpretation

Interpretation

1.  In this Schedule—

“closing date”, in relation to a transition member, means—

(a)

for a member who is not a protected member, the scheme closing date; or

(b)

for a tapered protection member, the closing date for that member;

“exception” means an exception to section 18(1) of the Act;

“existing scheme rules” means the provisions of the existing scheme, an existing club scheme or an existing public service scheme;

“full protection member”, in relation to the existing scheme, has the meaning given in Part 2;

“protected member” means a full protection member or tapered protection member;

“protection period”—

(a)

for a full protection member, has the meaning given in Part 2;

(b)

for a tapered protection member, has the meaning given in Part 3;

“public service scheme” means a scheme under section 1 of the Act;

“scheme closing date”, in relation to the existing scheme, means 31st March 2015;

“tapered protection member”, in relation to the existing scheme, has the meaning given in Part 3;

“tapered protection closing date” has the meaning given in paragraph 5;

“transition date” means—

(a)

for a tapered protection member of an existing scheme, the day after the tapered protection closing date;

(b)

for a transition member by virtue of the application of paragraph 13 who is not a protected member of an existing scheme, the day after the scheme closing date.

Meaning of “active member of existing scheme”

2.—(1) For the purpose of this Schedule, a person (P) is an active member of the existing scheme on a given date if on that date—

(a) P is in pensionable service under the existing scheme; or

(b) P is on a gap in service not exceeding 5 years.

(2) A person who is an active member of the existing scheme on the scheme closing date ceases to be an active member of that scheme on the earlier of—

(a) the day on which a retirement pension (other than a phased retirement pension) becomes payable to P under the existing scheme; or

(b) the day on which P begins a gap in service which—

(i) begins after the scheme closing date; and

(ii) exceeds 5 years.

Meaning of “continuity of service”

3.  A transition member (P) has continuity of service unless P has a gap in service exceeding 5 years which—

(a) begins on or before the closing date; and

(b) ends on the day on which P becomes an active member of this scheme.

Gap in service after scheme closing date

4.  In relation to any period after the scheme closing date, a person (P) is not on a gap in service while P is in pensionable service under—

(a) another public service scheme; or

(b) a new public body pension scheme(1).

Meaning of “closing date” for a tapered protection member

5.—(1) The closing date for a tapered protection member is a date between 31st May 2015 and 31st January 2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.

(2) The closing date must fall on the last day of a month.

(1)

See section 30(5) of the Act for the meaning of “new public body pension scheme”.