Paragraph 17 Fair Deal eligible persons transferred out after 31st March 2012I1

United Kingdom

F1(1)

This paragraph applies if—

(a)

in the case of a person who is a section 1(4A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b)

in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 of the SA 1972, sub-paragraphs (2), (3) and (5) apply.

(2)

This sub-paragraph applies if—

(a)

P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31stMarch 2012;

(b)

P ceased to be an active member of the PCSPS or of this scheme on a date (P’s transfer date) after 31st March 2012;

(c)

P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

F2(d)

P begins service which is pensionable under the PCSPS as—

(i)

a section 1(4A) eligible person;

(ii)

a civil servant; or

(iii)

a person serving in an employment or office listed in Schedule 1 of the SA 1972,

on a date (P’s re-joining date) after P’s transfer date; and

(e)

Between P’s transfer date and P’s re-joining date—

(i)

P was not eligible to be in pensionable service under the PCSPS F3and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS before P’s transfer date; or

(ii)

P was only eligible to be in pensionable service under the PCSPS as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS as a result of the transfer P was–

(aa)

an active member of the PCSPS; and

(bb)

continuously employed to carry out the transferred services whilst P was eligible to be an active member of the PCSPS.

F4(3)

This sub-paragraph applies if P is an active member of the PCSPS as—

(a)

a section 1(4A) eligible person;

(b)

a civil servant; or

(c)

a person serving in an employment or office listed in Schedule 1 of the SA 1972,

continuously after P’s re-joining date.

(4)

This sub-paragraph applies if P is a Fair Deal eligible person.

(5)

This sub-paragraph applies if P would, unless P dies, reach normal pension age under the PCSPS and P’s transitional scheme before 2nd April 2022.

F5(6)

In this paragraph—

“continuously” means without a gap of any period;
“the transferred services” has the meaning given in regulation 16 (Fair Deal eligible persons).

Annotations

Textual amendments

F1: Sch. 2 para. 17(1) substituted (with effect from 15.8.2014) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2022 (S.I. 2022/330), regs. 1(2), 7(6)(a)
F2: Sch. 2 para. 17(2)(d) substituted (with effect from 15.8.2014) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2022 (S.I. 2022/330), regs. 1(2), 7(6)(b)(i)
F3: Words in Sch. 2 para. 17(2)(e)(i) inserted (with effect from 15.8.2014) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2022 (S.I. 2022/330), regs. 1(2), 7(6)(b)(ii)
F4: Sch. 2 para. 17(3) substituted (with effect from 15.8.2014) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2022 (S.I. 2022/330), regs. 1(2), 7(6)(c)
F5: Sch. 2 para. 17(6) substituted (with effect from 15.8.2014) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2022 (S.I. 2022/330), regs. 1(2), 7(6)(d)

Commencement

I1: Sch. 2 para. 17 in force at 15.8.2014, see reg. 1(2)