The Police Pension Scheme (Scotland) Regulations 2015

PART 10 Pensionable service after the scheme closing date

Transition member with continuity of service

46.—(1) A transition member with continuity of service joins this scheme—

(a) if the member is in pensionable service on the transition date, on that date; or

(b) if the member is not in pensionable service on the transition date, when the member re-enters pensionable service after that date.

(2) A transition member who does not have continuity of service joins this scheme when the member re-enters pensionable service—

(a) on or after the transition date; or

(b) on or after ceasing to be a full protection member.

Active member of the 1988 NI police pension scheme on scheme closing date who joins 1987 scheme

47.—(1) This paragraph applies in relation to a person (P) who—

(a) was an active member of the 1988 NI police pension scheme on the scheme closing date and on 31st March 2012; and

(b) ceases to be in pensionable service under the 1988 NI police pension scheme.

(2) P joins the 1987 scheme if—

(a) P does not have a gap in pensionable service after ceasing to be in pensionable service under the 1988 NI police pension scheme; and

(b) P would have been a full protection member or tapered protection member of the 1988 NI police pension scheme had P remained in pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 1987 scheme.

(4) P’s protection period—

(a) begins on the day P joins the 1987 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 1987 scheme.

Active member of the 1988 NI police pension scheme on scheme closing date who joins 2006 scheme

48.—(1) This paragraph applies in relation to a person (P) who—

(a) was an active member of the 1988 NI police pension scheme on the scheme closing date and on 31st March 2012; and

(b) ceases to be in pensionable service under the 1988 NI police pension scheme.

(2) P joins the 2006 scheme if—

(a) P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the 1988 NI police pension scheme; and

(b) P would have been a full protection member or tapered protection member of the 1988 NI police pension scheme had P remained in pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(4) P’s protection period—

(a) begins on the day P joins the 2006 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.

Active member of the 1987 scheme on scheme closing date

49.—(1) This sub-paragraph applies in relation to a person (P) who—

(a) was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) ceases to be in pensionable service under the 1987 scheme.

(2) This sub-paragraph applies in relation to a person (P) who—

(a) was an active member of the 1988 NI police pension scheme on 31st March 2012;

(b) was an active member of the 1987 scheme on the scheme closing date; and

(c) ceases to be in pensionable service under the 1987 scheme.

(3) P joins the 2006 scheme if—

(a) P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the 1987 scheme; and

(b) P would have been a full protection member or tapered protection member of the 1987 scheme had P re-entered pensionable service under that scheme.

(4) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(5) P’s protection period—

(a) begins on the day P joins the 2006 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.

Deferred member of the 1987 scheme on scheme closing date

50.—(1) This paragraph applies in relation to a member of the 1987 scheme (P) who—

(a) was not an active member of the 1987 scheme on the scheme closing date;

(b) has a gap in pensionable service of not more than 5 years; and

(c) re-enters pensionable service after the scheme closing date.

(2) Unless P is a protected member of the 2006 scheme—

(a) P joins this scheme; and

(b) P is taken to be a 1987 transition member with continuity of service.

(3) If the person is a protected member of the 2006 scheme, the person joins the 2006 scheme.

(4) For the purpose of sub-paragraph (1)(b), T is not on a gap in pensionable service after the scheme closing date while T is in pensionable service under—

(a) an existing scheme other than the 2006 scheme or the existing England and Wales police pension scheme;

(b) the 1988 NI police pension scheme;

(c) another scheme under section 1 of the Act providing for payment of retirement pensions;

(d) the 2015 NI police pension scheme.

Active member of the 2009 NI police pension scheme on scheme closing date

51.—(1) This paragraph applies in relation to a person (P) who—

(a) was an active member of the 2009 NI police pension scheme on the scheme closing date and on 31st March 2012; and

(b) ceases to be in pensionable service under the 2009 NI police pension scheme.

(2) P joins the 2006 scheme if—

(a) P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the 2009 NI police pension scheme; and

(b) P would have been a full protection member or tapered protection member of the 2009 NI police pension scheme had P re-entered pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(4) P’s protection period—

(a) begins on the day P joins the 2006 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.

Active member of the existing England and Wales scheme on the scheme closing date

52.—(1) This paragraph applies in relation to a person (P) who—

(a) on the scheme closing date and on 31st March 2012, was an active member of the existing England and Wales scheme;

(b) ceases to be in pensionable service under the existing England and Wales scheme;

(c) would have been a full protection member of the existing England and Wales scheme had P re-entered pensionable service under that scheme.

(2) P joins the 2006 scheme if—

(a) P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the existing England and Wales scheme; and

(b) P would have been a full protection member or tapered protection member of the existing England and Wales scheme had P re-entered pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(4) P’s protection period—

(a) begins on the day P joins the 2006 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.

Active member of an existing scheme on the scheme closing date

53.—(1) This paragraph applies in relation to a person (P) who—

(a) on the scheme closing date and on 31st March 2012, was an active member of an existing scheme (“the existing scheme”) other than the 1987 scheme, the 2006 scheme or the existing England and Wales scheme;

(b) ceases to be in pensionable service under the existing scheme; and

(c) unless P dies, P would reach 55 on or before 1st April 2022.

(2) P joins the 2006 scheme if—

(a) P re-enters pensionable service not more than 5 years after ceasing to be in pensionable service under the existing scheme; and

(b) P would have been a full protection member or tapered protection member of the existing scheme had P re-entered pensionable service under that scheme.

(3) P is taken to be a full protection member or tapered protection member of the 2006 scheme.

(4) P’s protection period—

(a) begins on the day P joins the 2006 scheme; and

(b) ends when P ceases to be a full protection member or tapered protection member of the 2006 scheme.