F1 SCHEDULES

SCHEDULE 15 The Scottish Pension Schemes

Protection for certain persons

3

1

Subject to sub-paragraph (3) below, this sub-paragraph applies to—

a

any—

i

existing employee of the Scottish Boards; or

ii

existing employee of a Consultative Council,

who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;

b

any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;

c

any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and

d

any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.

2

Subject to sub-paragraph (3) below, this sub-paragraph applies to—

a

any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and

b

any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,

but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.

3

Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—

a

ceases to be in continuous employment; or

b

voluntarily withdraws from a relevant scheme and does not forthwith—

i

become a participant in another such scheme; and

ii

transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,

that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.