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26.—[F1(1) 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;
[F2(d)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 in pensionable service under the PCSPS(NI).
[F4(3) 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—
(i)the PCSPS(NI) during the period beginning with 2nd April 2022 and ending with 1st September 2025; and
(ii)P’s transitional scheme on or before 1st September 2025.
(6) In this paragraph, “continuously” means without a gap of any period.
Textual Amendments
F1Sch. 2 para. 26(1) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(a)
F2Sch. 2 para. 26(2)(d) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(b)(i)
F3Words in Sch. 2 para. 26(2)(e)(i) inserted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(b)(ii)
F4Sch. 2 para. 26(3) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(c)
Commencement Information
I1Sch. 2 para. 26 in operation at 18.12.2014, see reg. 1(2)