SCHEDULES
SCHEDULE 2Transitional provisions
PART 3Exceptions to section 18(1) of the 2014 Act: tapered protection members of the FPS or the NFPS
Tapered protection members of the FPS or the NFPS15
1
A person (P) to whom any of the paragraphs 18 to 21 applies is a tapered protection member of the FPS or the NFPS.
F11A
Where P was a full protection member of the FPS and after retiring from pensionable service in this scheme, became entitled to a continuous service pension under article 13A, or an ordinary pension under article 13 or a short service award under article 14 or a continued pension under article 14A of that scheme, P ceases to be eligible to be a tapered protection member of the NFPS.
2
P ceases to be a tapered protection member of the FPS or the NFPS on whichever of the following days occurs first—
a
P's tapered protection closing date; or
b
the day on which P ceases to be in pensionable service under the FPS or if later, ceases to be eligible to be in pensionable service under the NFPS unless sub-paragraph (3) or sub-paragraph (4) applies.
3
This sub-paragraph applies if—
a
before P's transition date P 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
P would have been a 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—
a
before P's transition date P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
b
P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.
5
For the purpose of paragraph (4)(b), after the scheme closing date, P is not on a gap in service while P is in pensionable public service.