SCHEDULE 2 Transitional provisions

PART 3 Exceptions to section 18(1) of the Act: tapered protection members of the PCSPS

19 Tapered protection members of the PCSPS
(1) A person (P) to whom any of paragraphs 22 to 27 applies is a tapered protection member of the PCSPS.
(2) P ceases to be a tapered protection member of the PCSPS 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 PCSPS, unless sub-paragraph (3) or sub-paragraph (4) applies.
(3) This sub-paragraph applies if—
(a) Before P’s transition date P returns to service which is pensionable under the PCSPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P would have been a protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS.
(4) This sub-paragraph applies if—
(a) Before P’s transition date P returns to service which is pensionable under the PCSPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P returns to service which is pensionable under the PCSPS after a gap in service not exceeding 5 years.
(5) In this paragraph—
“exception” means–
(a) in relation to an existing scheme, an exception under section 18(5) of the Act provided for in the scheme regulations for that scheme;
(b) in relation to an existing public body pension scheme, an exception under section 31(4) of the Act provided for by the public authority responsible for that scheme; and
(6) “protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies for the purposes of that scheme.
(7) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.