Paragraph 15 Tapered protection members of the 1992 Scheme or the NFPSI1

England and Wales

(1)

A person (P) to whom any of paragraphs 18 to 21 applies is a tapered protection member of the 1992 Scheme or the NFPS.

F1(1A)

Where P was a full protection member of the 1992 Scheme and, after retiring from pensionable service in this scheme, became entitled to a continuous service pension under rule B1A, to an ordinary pension under rule B1, to a short service award under rule B2 or to a continued pension under rule B2A 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 1992 Scheme 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 1992 Scheme 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.

Annotations

Textual amendments

F1: Sch. 2 para. 15(1A) inserted (1.4.2015) by The Firefighters' Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/1016), reg. 1(2), Sch. 1 para. 7(c)

Commencement

I1: Sch. 2 para. 15 in force at 1.4.2015, see reg. 1(2)