SCHEDULE 3Transitional provisions
PART 1Interpretation
Interpretation
1.
In this Schedule—
“the Superannuation Regulations” means the Teachers' Superannuation (Northern Ireland) Regulations 1998 M1;
“exception” means an exception to section 18(1) of the Act;
“existing scheme rules” means the provisions of the existing scheme, an existing club scheme or an existing public service scheme;
F1“final salary benefits” means the benefits accrued in a final salary scheme in respect of which the pension entitlement payable to or in respect of a person’s pensionable service is or may be determined by reference to the person’s final salary;
“full protection member”, in relation to the existing scheme, has the meaning given in Part 2;
“protected member”, in relation to the existing scheme, means a full protection member or tapered protection member of that scheme;
“protection period”—
(a)
for a full protection member of the existing scheme, has the meaning given in Part 2;
(b)
for a tapered protection member of the existing scheme, has the meaning given in Part 3;
“public service scheme” means a scheme under section 1 of the Act;
“scheme closing date” means 31st March 2015;
“tapered protection member”, in relation to the existing scheme, has the meaning given in Part 3;
“tapered protection closing date” has the meaning given in paragraph 4;
“transition date” means—
(a)
for a tapered protection member of the existing scheme, the day after the tapered protection closing date; or
(b)
F2for a full protection member of the existing scheme to whom a retirement pension has become payable under the existing scheme, means the day in which that member becomes an active member of this scheme;
(c)
for a full protection member of the existing scheme other than a full protection member described in sub-paragraph (aa), means 1st April 2022;
(d)
for a transition member F3... who is not a protected member of the existing scheme, the day after the scheme closing date.
Active membership of the existing scheme
2.
(1)
For the purpose of Parts 2, 3 and 4 of this Schedule, a person (P) is an active member of the existing scheme on a given date if on that date—
(a)
P is in pensionable service under the existing scheme;
(b)
P is on a gap in service not exceeding 5 years; or
(c)
P is in receipt of an ill-health pension in respect of the existing scheme.
Gap in service after scheme closing date
3.
(1)
Sub-paragraph (2) applies—
(a)
after the scheme closing date; and
(b)
in relation to a member of the existing scheme.
(2)
A member (P) is not on a gap in service while P is in pensionable service under an existing scheme.
Meaning of “tapered protection closing date”
4.
(1)
The closing date M2 for a tapered protection member of the existing scheme (“tapered protection closing date”) is a date between 31st May 2015 and 31st January 2022 (both dates inclusive) determined by the Department by reference to a table published for that purpose.
(2)
The tapered protection closing date must fall on the last day of a month.
Continuity of service
5.
(1)
This paragraph applies in relation to a transition member (P) who was a member of the existing scheme or an existing public service scheme before becoming an active member of this scheme.
(2)
For the purpose of this Schedule, P has continuity of service unless P has a gap in service exceeding 5 years which—
(a)
begins on or before the closing date; and
(b)
ends on the day on which P becomes an active member of this scheme.
(3)
In this paragraph, “closing date” means—
F4(za)
if P is a full protection member of the existing scheme, 31st March 2022;
(a)
if P is a tapered protection member of the existing scheme, P's tapered protection closing date; or
(b)
otherwise, the scheme closing date.