SCHEDULE 3

Transitional provisions
PART 8

Provision in relation to the existing scheme

Election for employment not to be pensionable in relation to existing scheme continues to have effect
49
A person (P) is taken to have opted out of this scheme in relation to an eligible employment if, on P's transition date, an election for that employment not to be pensionable has effect in relation to the existing scheme.

Qualifying for retirement benefits under existing scheme
50
In determining whether a transition member is qualified for retirement benefits under the existing scheme, the member's qualifying service includes the total of—
a
the member's qualifying service under the existing scheme; and
b
the member's qualifying service under this scheme.

Repayment of balance of contributions
51
An application by a transitional member (P) for the repayment of the balance of P's contributions under regulation 189 is also an application for any repayment of the balance of contributions due to P under regulations C9, C10 and C11 of the Superannuation Regulations.

Residential emoluments
52
Where the money value of a transition member's (P)'s residential benefits in kind is treated as part of P's contributable salary by virtue of regulation C1(1) of the Superannuation Regulations, this has effect as if the application were made under regulation 37 of these Regulations.

Transfer payments
53
A transfer payment made in respect of a transition member by the Department must be in relation to any benefits accrued in this scheme and any service accrued in the existing scheme in respect of which pension benefits have not been taken.

Nomination continues to have effect
54
A nomination under regulation E20 (death grants), E22A (nomination of partner) or E23 (nomination of other adult beneficiary) of the Superannuation Regulations has effect as if made under Part 6 of these Regulations.

Election to pay contributions by a person serving in a reserve force
55
1
An election by a transition member (P) to pay contributions made under regulation C7 of the Superannuation Regulations has effect as if made under regulation 26 of these Regulations.
2
On becoming an active member of this scheme P does not begin to accrue service which counts for the purpose of benefits in respect of P's permanent service for the purpose of regulation C7(2) of the Superannuation Regulations.

Commutation: small pensions
56
An application by a transition member under regulation 162 (application for payment of benefits) for a commutation under regulation 174 (commutations: small pensions) also has effect as an application for any commutation due to P under regulation E19A (commutation: trivial pensions) of the Superannuation Regulations.
Words in Sch. 3 para. 53 inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 24