9.—(1) A person (P) to whom any of paragraphs 12 to 14 applies is a full protection member of the 1992 Scheme or the NFPS, as the case may be.
(2) P ceases to be a full protection member of the 1992 Scheme or the NFPS, as the case may be, when P ceases to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS, unless sub-paragraph (3) or (4) applies.
(3) This sub-paragraph applies if P—
(a)returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme (other than the 1992 Scheme) or an existing public body pension scheme; and
(b)would have been a fully 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 NFPS.
(4) This sub-paragraph applies if P returns to service which is pensionable under the NFPS—
(a)otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b)after a gap in service not exceeding five years.
(5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.
(6) This sub-paragraph applies if P—
(a)returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b)would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4) of that Act) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(7) For the purpose of sub-paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.
10.—(1) The protection period for a person (P) who is a full protection member of the 1992 Scheme or the NFPS, as the case may be, is the period which—
(a)begins on the day after the scheme closing date; and
(b)ends when P ceases to be a full protection member of the 1992 Scheme or the NFPS (unless P is a tapered protection member by virtue of paragraph 9(5)).
(2) During the protection period—
(a)P is eligible to be in pensionable service under the NFPS or, where P is an active member of the 1992 Scheme, eligible to be in pensionable service under that scheme;
(b)section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and
(c)benefits are to be provided under the 1992 Scheme or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.
11. While a person (P) is a full protection member of the 1992 Scheme or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.
12.—(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.
(2) This sub-paragraph applies if—
(a)P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on the scheme closing date;
(b)P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on 31 March 2012; and
(c)if P—
(i)is an active member of the 1992 Scheme, P would, unless P dies, reach normal pension age under the 1992 Scheme(1) on or before 1 April 2022; or
(ii)is an active member, or eligible to be an active member, of the NFPS, P would, unless P dies, reach normal pension age under the NFPS(2) on or before 1 April 2022.
(3) This sub-paragraph applies if P—
(a)was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme (“P’s transitional scheme”) on 31 March 2012;
(b)was an active member or eligible to be an active member of the NFPS on the scheme closing date; and
(c)would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1 April 2022.
13. This paragraph applies if—
(a)P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b)P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31 March 2012;
(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the 1992 Scheme or the NFPS;
(d)on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and
(e)P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1 April 2022.
14. This paragraph applies if—
(a)P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b)P was an active member of an existing scheme or an existing public body pension scheme (“transitional scheme”) on 31 March 2012;
(c)P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;
(d)on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing public body pension scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and
(e)P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1 April 2022.
S.I. 1992/129: rule A13 provides that normal pension age is 55 and rule B1 enables regular firefighters over the age of 50 to retire once they have reckoned pensionable service of at least 25 years. Rule A13 as it has effect in Wales was substituted by S.I. 2006/1672. Rule B1 as it has effect in Wales has been amended by S.I. 2005/566 and 2014/3242.
S.I. 2007/1072 (W. 110): rule 3(1) of Part 2 provides that normal retirement age of firefighter members is 60.