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Paragraph 9 Members of an existing scheme or a public body pension schemeF1

United Kingdom

(1)

This paragraph applies if—

(a)

P was a conditional full protection member of a public body pension scheme or an existing scheme other than the AFPS 2005 on the closing date for that scheme;

(b)

P was a conditional full protection member of a public body pension scheme or an existing scheme (“P’s transitional scheme”) on 31st March 2012;

(c)

P begins service which is pensionable under the AFPS 2005 not more than 5 years after leaving pensionable service under an existing scheme or a public body pension scheme; F2and

(d)

F3sub-paragraph (1A) applies or P would have been—

(i)

a full protection member of the existing scheme referred to in paragraph (c) had P re-entered pensionable service under that scheme on the date P begins service which is pensionable under the AFPS 2005; or

(ii)

a fully protected member of the public body pension scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under the AFPS 2005; F4...

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F51A)

This sub-paragraph applies if—

(a)

P was a full protection member of the existing scheme referred to in sub-paragraph (1)(c);

(b)

P had ceased to be a full protection member of that scheme after leaving pensionable service under it; and

(c)

the rules of that scheme made no provision for a person to re-enter pensionable service under the scheme.

(2)

For the purposes of this paragraph—

(a)

the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the 2013 Act, as applicable;

(b)

the closing date for a public body pension scheme is the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme;

(c)

“exception”, in relation to a public body pension scheme, means an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme; and

(d)

“fully protected member” of a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act, as applied by section 31(4), applies for the purposes of that scheme.

Annotations

Textual amendments

F1

Sch. 2 inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), reg. 1(2), Sch. 2

F2

Word in Sch. 2 para. 9(1)(c) inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 9(4)(a)

F3

Words in Sch. 2 para. 9(1)(d) inserted (31.3.2022 with effect on and after 1.4.2015) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), regs. 1(3)(b), 3(2)(c)(i) (with reg. 3(3))

F4

Sch. 2 para. 9(1)(e) and word omitted (1.10.2023) by virtue of The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 9(4)(b)

F5

Sch. 2 para. 9(1A) inserted (31.3.2022 with effect on and after 1.4.2015) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), regs. 1(3)(b), 3(2)(c)(ii) (with reg. 3(3))

Notes on Schedule 2

Modifications

C1

Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10