Paragraph 12 Full protection: members of the 1992 Scheme or the NFPS on scheme closing dateI1

Scotland

(1)

This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

(2)

This sub-paragraph applies if—

(a)

P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on the scheme closing date;

(b)

P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on 31st March 2012; and

(c)

where P was on 31st March 2012—

(i)

an active member of the 1992 Scheme, P had on 1st April 2012—

(aa)

reached age 45; or

(bb)

reached age 40 and had at least 20 years’ pensionable service under that scheme; or

(ii)

an active member or eligible to be an active member of the NFPS, P had on 1st April 2012 reached age 50.

(3)

This sub-paragraph applies if—

(a)

P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(b)

P was an active member or eligible to be an active member of the NFPS on the scheme closing date; and

(c)

P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.

Annotations

Commencement

I1: Sch. 2 para. 12 in force at 1.4.2015, see reg. 1(2)