SCHEDULE 2Transitional provisions

PART 2Exceptions to section 18(1) of the Act: full protection members of the PCSPS(NI)

Fair Deal eligible persons transferred out after 31st March 2012I117

F11

This paragraph applies if—

a

in the case of a person who is an Article 3(3A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

b

in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 to the 1972 Order, sub-paragraphs (2), (3) and (5) apply.

2

This sub-paragraph applies if—

a

P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

b

P ceased to be an active member of the PCSPS(NI) or of this scheme on a date (P’s transfer date) after 31st March 2012;

c

P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

F2d

P begins service which is pensionable under the PCSPS(NI) as—

i

an Article 3(3A) eligible person;

ii

a civil servant; or

iii

a person serving in an employment or office listed in Schedule 1 to the 1972 Order,

on a date (P’s re-joining date) after P’s transfer date; and

e

Between P’s transfer date and P’s re-joining date—

i

P was not eligible to be in pensionable service under the PCSPS(NI) F3and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS(NI) before P’s transfer date ; or

ii

P was only eligible to be in pensionable service under the PCSPS(NI) as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS(NI) as a result of the transfer P was–

aa

an active member of the PCSPS(NI); and

bb

continuously employed to carry out the transferred services whilst P was eligible to be an active member of the PCSPS(NI).

F43

This sub-paragraph applies if P is an active member of the PCSPS(NI) as—

a

an Article 3(3A) eligible person;

b

a civil servant; or

c

a person serving in an employment or office listed in Schedule 1 to the 1972 Order,

continuously after P’s re-joining date.

4

This sub-paragraph applies if P is a Fair Deal eligible person.

5

This sub-paragraph applies if P would, unless P dies, reach normal pension age under the PCSPS(NI) and P’s transitional scheme before 2nd April 2022.

6

In this paragraph, “continuously” means without a gap of any period.