Regulation 224
1. In this Schedule—
“exception” means an exception to section 18(1) of the Act;
“existing Fair Deal arrangements” means the arrangements by which a person (P) is a member of an occupational pension scheme comparable to the existing scheme and into which P’s employer pays contributions in respect of P, following a TUPE transfer from an employer mentioned in Parts 2, 3 or 4 of Schedule 1;
“existing scheme rules” means the provisions of the existing scheme, an existing club scheme or an existing public service scheme;
“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”—
for a full protection member of the existing scheme, has the meaning given in Part 2;
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”, in relation to the existing scheme, 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—
for a tapered protection member of an existing scheme, the day after the tapered protection closing date;
for a transition member by virtue of the application of paragraph 21 who is not a protected member of an existing scheme, the day after the scheme closing date; and
for a transition member by virtue of the application of paragraph 22 who is not a protected member of the existing scheme, the day after the Fair Deal transfer date.
2. 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.
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.
4.—(1) The closing date(1) for a tapered protection member of the existing scheme (“tapered protection closing date”) is a date between 31st May 2015 and 31st January 2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.
(2) The tapered protection closing date must fall on the last day of a month.
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—
(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.
6.—(1) A person (P) to whom paragraph 7, 8 or 9 applies is a full protection member of the existing scheme.
(2) P ceases to be a full protection member of the existing scheme when P ceases to be in pensionable service under the existing scheme.
7. This paragraph applies if—
(a)P was an active member of the existing scheme, as defined in Part 1, on the scheme closing date and on 31st March 2012;
(b)a pension, other than a phased retirement pension, has not become payable to P on or after 1st April 2012; and
(c)unless P dies, P would reach normal pension age under that scheme on or before 1st April 2022.
8. This paragraph applies if—
(a)P was an active member of an existing public service scheme on the scheme closing date and on 31st March 2012;
(b)P enters eligible employment not more than 5 years after leaving pensionable service under the existing public service scheme;
(c)a pension in respect of all of P’s service in the existing public service scheme has not become payable on or after 1st April 2012; and
(d)unless P dies, P would reach normal pension age under the existing scheme and the existing public service scheme on or before 1st April 2022.
9.—(1) This paragraph applies if sub-paragraphs (2) and (3) apply.
(2) This sub-paragraph applies if—
(a)on or before the scheme closing date—
(i)P was an active member of the existing scheme;
(ii)P’s employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
(iii)as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
(iv)P’s employment is subject to existing Fair Deal arrangements.
(b)after the scheme closing date—
(i)P is subject to a Fair Deal transfer; and
(ii)P is not a member of another pension scheme to which P’s employer pays contributions in respect of P.
(3) This sub-paragraph applies if—
(a)on 31st March 2012 and on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
(b)unless P dies, P would reach normal pension age under the existing scheme before 2nd April 2022.
10.—(1) This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of either paragraph 7 or 8.
(2) The protection period for P is the period which—
(a)begins on the day after the scheme closing date; and
(b)ends when P ceases to be a full protection member of that scheme.
(3) During the protection period—
(a)P’s pensionable service is pensionable service under the existing scheme; and
(b)section 18(1) of the Act does not apply in respect of that pensionable service.
11.—(1) This paragraph applies to a person (P) if P is a full protection member of the existing scheme by virtue of the application of paragraph 9.
(2) The protection period for P is the period which—
(a)begins on the Fair Deal transfer date; and
(b)ends when P ceases to be a full time protection member under the existing scheme.
(3) During the protection period—
(a)P’s pensionable service is pensionable service under the existing scheme; and
(b)section 18(1) of the Act does not apply in respect of that pensionable service.
12. While a person (P) is a full protection member of the existing scheme, P is not eligible to be an active member of this scheme.
13.—(1) A person (P) to whom paragraph 14, 15 or 16 applies is a tapered protection member of the existing scheme.
(2) P ceases to be a tapered protection member of the existing scheme 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 existing scheme.
14. This paragraph applies if—
(a)P was an active member of the existing scheme, as defined in Part 1, on the scheme closing date and on 31st March 2012;
(b)a pension, other than a phased retirement pension, has not become payable to P on or after 1st April 2012; and
(c)unless P dies, P would reach normal pension age under that scheme between 2nd April 2022 and 1st September 2025 (inclusive).
15. This paragraph applies if—
(a)P was an active member of an existing public service scheme on the scheme closing date and on 31st March 2012;
(b)P enters eligible employment not more than 5 years after leaving pensionable service under the existing public service scheme;
(c)a pension in respect of all of P’s service in the existing public service scheme has not become payable on or after 1st April 2012; and
(d)unless P dies, P would reach normal pension age under—
(i)the existing scheme between 2nd April 2022 and 1st September 2025 (inclusive); and
(ii)the existing public service scheme on or before 1st September 2025.
16.—(1) This paragraph applies if sub-paragraphs (2) and (3) apply.
(2) This sub-paragraph applies if—
(a)on or before the scheme closing date—
(i)P was an active member of the existing scheme;
(ii)P’s employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
(iii)as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
(iv)P’s employment is subject to existing Fair Deal arrangements.
(b)after the scheme closing date—
(i)P is subject to a Fair Deal transfer; and
(ii)P is not a member of another pension scheme to which P’s employer pays contributions in respect of P.
(3) This sub-paragraph applies if—
(a)on 31st March 2012 and on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
(b)unless P dies, P would reach normal pension age under the existing scheme between 2nd April 2022 and 1st September 2025 (inclusive).
17.—(1) This paragraph applies to a person (P) if P is a tapered protection member of the existing scheme by virtue of the application of either paragraph 14 or 15.
(2) The protection period for P is the period which—
(a)begins on the day after the scheme closing date; and
(b)ends when P ceases to be a tapered protection member.
(3) During the protection period—
(a)P’s pensionable service is pensionable service under the existing scheme;
(b)section 18(1) of the Act does not apply in respect of that pensionable service; and
(c)benefits are to be provided under the existing scheme to or in respect of P in relation to that pensionable service.
18.—(1) This paragraph applies to a person (P) if P is a tapered protection member of the existing scheme by virtue of the application of paragraph 16.
(2) The protection period for P is the period which—
(a)begins on the Fair Deal transfer date; and
(b)ends when P ceases to be a tapered protection member of the existing scheme.
(3) During the protection period—
(a)P’s pensionable service is pensionable service under the existing scheme;
(b)section 18(1) of the Act does not apply in respect of that pensionable service; and
(c)benefits are to be provided under the existing scheme to or in respect of P in relation to that pensionable service.
19. While a person (P) is a tapered protection member of the existing scheme, P is not eligible to be an active member of this scheme.
20. A person (P) to whom either paragraph 21 or 22 applies is a transition member.
21. This paragraph applies to a person (P) if—
(a)P is a member of the existing scheme by virtue of his or her pensionable service under that scheme before the transition date;
(b)P is a member of this scheme by virtue of his or her pensionable service under this scheme on or after the transition date; and
(c)either—
(i)unless P dies, P would reach normal pension age under this scheme on or after 2nd September 2025, or
(ii)P enters post-benefit service between 31st March 2012 and the scheme closing date.
22.—(1) This sub-paragraph applies if sub-paragraphs (2) and (3) apply.
(2) This sub-paragraph applies if—
(a)on or before the scheme closing date—
(i)P was an active member of the existing scheme;
(ii)P’s employment was transferred to an employer not mentioned in Parts 2, 3 or 4 of Schedule 1;
(iii)as a result of that transfer, P ceased to be in pensionable service under the existing scheme; and
(iv)P’s employment is subject to existing Fair Deal arrangements.
(b)after the scheme closing date—
(i)P is subject to a Fair Deal transfer; and
(ii)P is not a member of another pension scheme to which P’s employer pays contributions in respect of P.
(3) This sub-paragraph applies if—
(a)on the scheme closing date, P was an active member of the existing scheme or a pension scheme access to which was given under existing Fair Deal arrangements; and
(b)unless P dies, P would reach normal pension age under this scheme on or after 2nd September 2025.
23. A transition member (P) who has continuity of service becomes an active member of this scheme—
(a)if P is in pensionable service on the transition date, on that date; or
(b)on re-entering pensionable service after the transition date.
24. A transition member (P) who does not have continuity of service becomes an active member of this scheme when P re-enters pensionable service on or after the transition date.
25.—(1) This Part applies to a member who applies under these Regulations for a club transfer value to be accepted from an existing club scheme (“the sending scheme”).
(2) This Part does not apply if—
(a)the person (P) has reached 75;
(b)retirement benefits have become payable to P under this scheme or under the sending scheme; or
(c)the sending scheme was a money purchase arrangement to which P’s previous employer made no contribution.
26.—(1) This paragraph applies if a full protection member of the existing scheme applies to the scheme manager for a club transfer value to be accepted.
(2) On receipt of the application, the scheme manager must accept payment of the club transfer value if it is offered.
(3) The club transfer value must be paid into the existing scheme.
27.—(1) This paragraph applies if a tapered protection member or a transition member who is not a protected member applies to the scheme manager for a club transfer value to be accepted.
(2) On receipt of the application, the scheme manager must accept payment of the club transfer value if it is offered.
(3) Payment of the club transfer value—
(a)must be accepted into the existing scheme if the payment relates to pensionable service before the transition date;
(b)must be accepted into this scheme if the payment relates to pensionable service on or after the transition date.
28. This Part applies in relation to all persons who—
(a)were active members of the existing scheme in relation to an employment before that employment was transferred;
(b)as a result of that transfer became subject to existing Fair Deal arrangements and ceased to be active members of the existing scheme in relation to that employment;
(c)while subject to that transfer, were active members of an occupational pension scheme; and
(d)as a result of a Fair Deal transfer become accepted members of this scheme.
29.—(1) This paragraph applies if another occupational pension scheme (“the sending scheme”) offers to make a bulk transfer payment in respect of all persons to whom this Part applies.
(2) The scheme manager for the existing scheme must accept a bulk transfer payment if it is offered.
(3) A transfer payment in respect of a person (P) may not be accepted as part of a bulk transfer payment if—
(a)it relates to service on or after the Fair Deal transfer date; or
(b)retirement benefits have become payable to P under the sending scheme.
(4) In this Part, “bulk transfer payment” means a single transfer payment in respect of all persons to whom this Part applies.
(5) The bulk transfer payment must be accepted into the existing scheme.
30.—(1) If a transition member (P) who applies for payment of retirement benefits under both schemes has reached normal pension age under the existing scheme but has not reached normal pension age under this scheme, the benefits payable under this scheme are to be actuarially reduced.
(2) If P has reached normal pension age neither under the existing scheme nor under this scheme, the benefits payable under both schemes are to be actuarially reduced.
(3) If P has reached normal pension age—
(a)under the existing scheme only, the benefits payable under that scheme are to be actuarially enhanced under the existing scheme rules (if applicable); or
(b)under both schemes, the benefits payable under both schemes are to be actuarially enhanced (if applicable).
31.—(1) The existing scheme rules apply in relation to the calculation of benefits payable in respect of pensionable service under the existing scheme, save that an application for payment of benefits must be made under regulation 162 of these Regulations and not under TPR 2010.
(2) The existing scheme rules apply in relation to the payment of additional pension with a retirement pension under the existing scheme, save that an application for payment of benefits must be made under regulation 162 of these Regulations and not under TPR 2010.
(3) The existing scheme rules apply in relation to an election made by a person (P) for contributions to be paid monthly under paragraph 2(1) (election to pay contributions for additional pension) of Schedule 4 to TPR 2010 if the election is made before—
(a)the date P ceases to be in pensionable service under the existing scheme, if P is a full protection member; or
(b)the transition date.
32.—(1) For the purpose of calculating benefits payable under the existing scheme to or in respect of a transition member with continuity of service, the member’s final salary is determined by reference to Part 5 of TPR 2010.
(2) Where a salary restriction under regulation 39 of TPR 2010 applies in respect of the benefits payable to a transition member, no repayment of contributions is payable under regulation 26 of TPR 2010.
33. Save where provided otherwise in paragraph 46 (application for supplementary death grant), the annual rate of pension payable to a transition member is found by adding—
(a)the annual rate of pension payable under the existing scheme; and
(b)the annual rate of pension payable under this scheme.
34.—(1) An application by a transition member (P) for payment of an age retirement pension under this scheme is also an application for payment of an age retirement pension in respect of P’s pensionable service under the existing scheme.
(2) A transition member (P) who has not reached normal pension age under this scheme may apply under regulation 162 of these Regulations for payment of age retirement benefits in respect of P’s pensionable service under the existing scheme without applying for payment of P’s retirement benefits in respect of pensionable service under this scheme.
35.—(1) A transition member (P) who makes a phased retirement application under this scheme may elect to receive phased retirement benefits—
(a)in respect of pensionable service under the existing scheme only;
(b)in respect of pensionable service under this scheme only; or
(c)in respect of pensionable service under both the existing scheme and this scheme .
(2) P’s application for phased retirement benefits in respect of pensionable service under both the existing scheme and this scheme may specify a different phased retirement proportion for each scheme.
36. A transition member (P) who applies for payment of a premature retirement pension under this scheme will receive any benefits due to P in respect of P’s pensionable service in the existing scheme as part of P’s premature retirement pension payable under this scheme.
37. A transition member (P) who applies for payment of an early retirement pension under this scheme will receive any benefits due to P in respect of P’s pensionable service in the existing scheme as part of P’s early retirement pension payable under this scheme.
38.—(1) A transition member (P) will receive any benefits payable under this scheme as part of P’s ill-health pension payable under the existing scheme if—
(a)P applies before P’s transition date for payment of an ill-health pension, and
(b)P’s application is successfully determined after that date.
(2) P will receive under this scheme any benefits due to P in respect of P’s pensionable service in the existing scheme if P makes a successful application for payment of an ill-health pension under this scheme.
39.—(1) Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of TPR 2010.
(2) P may receive payment of total incapacity benefits under the existing scheme regulations if—
(a)before P’s transition date, P makes an application under regulation 65 of TPR 2010 which is not determined by the transition date;
(b)P’s application is successfully determined after the transition date; and
(c)P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.
40.—(1) Save as provided in this paragraph, a transition member (P) is not entitled to payment of a short-service serious ill-health grant under regulation 79 of TPR 2010.
(2) P may receive payment of a short-service serious ill-health grant under the existing scheme regulations if—
(a)before P’s transition date, P makes an application under regulation 79 of TPR 2010 which is not determined by the transition date;
(b)P’s application is successfully determined after the transition date; and
(c)P has not made a subsequent application under regulation 162 of these regulations for payment of a short-service serious ill-health grant.
(3) The amount of the payment of a short-service ill-health grant payable under sub-paragraph (2) is calculated under regulation 122 of these Regulations.
41.—(1) When the surviving adult of a transition member applies for payment of a surviving adult pension under this scheme, the surviving adult must also apply for payment of an adult pension under the existing scheme.
(2) The short-term rate of surviving adult pension—
(a)is payable under this scheme; but
(b)is not payable under regulation 95 of the existing scheme.
(3) The enhancement of a surviving adult pension—
(a)is applied under regulation 145 of these Regulations; but
(b)is not applied under Schedule 9 to the existing scheme.
42. When the surviving adult of a transition member applies for payment of an additional (surviving adult) pension under this scheme, the surviving adult must also apply for payment of an additional pension under the existing scheme.
43.—(1) When the eligible child of a transition member applies for payment of a child pension under this scheme, the eligible child must also apply for payment of a child pension under the existing scheme.
(2) The short-term rate of child pension—
(a)is payable under this scheme; but
(b)is not payable under regulation 98 of the existing scheme.
(3) The enhancement of a child pension—
(a)is applied under regulation 152 of these Regulations; but
(b)is not applied under Schedule 9 to the existing scheme.
44.—(1) The beneficiary of a transition member (D) is not entitled to a death in service grant under regulation 83 or 84 of the existing scheme.
(2) The amount of the death in service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D’s pensionable service under that scheme.
45.—(1) When the beneficiary of a transition member applies for payment of a death out of service grant under this scheme, the beneficiary must also apply for payment of a death out of service grant under the existing scheme.
(2) The amount of the death out of service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation 60 of the existing scheme in respect of D’s pensionable service under that scheme.
46.—(1) An application for a supplementary death grant by the beneficiary of a transition member is an application for a supplementary death grant under this scheme and under the existing scheme.
(2) Paragraph 33 (annual rate of pension) does not apply in respect of an application under this paragraph.
47.—(1) A transition member (P) who has not reached normal pension age under the existing scheme when P applies for payment of a pension credit retirement pension under this scheme will receive payment of any benefits payable to P in respect of pensionable service under the existing scheme.
(2) If P applies for payment of a pension credit retirement pension after having reached normal pension age under the existing scheme, P may apply for payment from this scheme of a pension credit retirement pension in respect of pensionable service under—
(a)the existing scheme;
(b)this scheme; or
(c)the existing scheme and this scheme.
48. 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.
49. 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.
50. 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 22 to 24 of TPR 2010.
51. 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 an application under regulation 16(4) of TPR 2010, this has effect as if the application were made under regulation 37 of these Regulations Transfer payments in respect of the existing scheme.
52. A transfer payment made in respect of a transition member by the scheme manager must be in relation to any benefits accrued in this scheme and any service accrued in the existing scheme.
53. A nomination under regulation 82 (death grant), 90 (surviving nominated partner) or 91 (surviving nominated beneficiary) of the existing scheme has effect as if made under Part 6 of these Regulations.
54.—(1) An election by a transition member (P) to pay contributions made under regulation 19 of TPR 2010 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 19(3) of TPR 2010.
See section 18(4) and (7) of the Act for the meaning of “closing date”.