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Paragraph 19 Tapered protection members of the PCSPSI1

United Kingdom

(1)

A person (P) to whom any of paragraphs 22 to 27 applies is a tapered protection member of the PCSPS.

(2)

P ceases to be a tapered protection member of the PCSPS 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 PCSPS, 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 PCSPS 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 PCSPS.

(4)

This sub-paragraph applies if—

(a)

Before P’s transition date P returns to service which is pensionable under the PCSPS 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 PCSPS after a gap in service not exceeding 5 years.

(5)

In this paragraph—

  • “exception” means–

    1. (a)

      in relation to an existing scheme, an exception under section 18(5) of the Act provided for in F1scheme regulations in relation to that scheme;

    2. (b)

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

(6)

“protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies for the purposes of that scheme.

(7)

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

Words in Sch. 2 para. 19(5)(a) substituted (1.4.2015) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(2), 16(12)

Commencement

I1

Sch. 2 para. 19 in force at 15.8.2014, see reg. 1(2)