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The Police Pension Scheme (Scotland) Regulations 2015

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PART 4Exceptions for tapered protection members of the 1987 scheme

Meaning of “tapered protection member” (the 1987 scheme)

15.—(1) A person (P) to whom paragraph 17 applies is a tapered protection member of the 1987 scheme.

(2) P ceases to be a tapered protection member of the 1987 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 the 1987 scheme.

Exception for tapered protection members during protection period

16.—(1) The protection period for a tapered protection member of the 1987 scheme—

(a)begins on the day after the scheme closing date; and

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

(2) In respect of the protection period—

(a)P is in pensionable service under the 1987 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 the 1987 scheme to or in respect of P in relation to that pensionable service.

Active member of the 1987 scheme on scheme closing date

17.—(1) This paragraph applies if any of the following sub-paragraphs applies.

(2) This sub-paragraph applies if—

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

(b)on 1st April 2012, P had reached 41 but had not reached 45.

(3) This sub-paragraph applies if—

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

(b)on 1st April 2012—

(i)P had reached 34 but had not reached 38; and

(ii)P had at least 20 years’ pensionable service under the 1987 scheme.

(4) This sub-paragraph applies if—

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

(b)on 1st April 2012—

(i)P had reached 38 but had not reached 45; and

(ii)P had at least 16 but less than 20 years’ pensionable service under the 1987 scheme.

(5) This sub-paragraph applies if—

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

(b)on 1st April 2012—

(i)P had not reached 38;

(ii)P had less than 20 years’ pensionable service under the 1987 scheme; and

(iii)the sum of P’s age in years and the number of years of P’s pensionable service under the 1987 scheme is at least 54 but less than 58.

(6) This sub-paragraph applies if—

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

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

(c)P did not have a gap in pensionable service between ceasing pensionable service under the 1988 NI police pension scheme and beginning pensionable service under the 1987 scheme; and

(d)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.

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