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Paragraph 2 Meaning of “active member of existing scheme”I1

Scotland

(1)

For the purpose of this Schedule, a person (P) is an active member of the existing scheme on a given date if on that date—

(a)

P is in pensionable service under the existing scheme; F1...

(b)

P is on a gap in service not exceeding 5 years F2; or

(c)

P is in receipt of an ill-health pension in respect of the existing scheme.

(2)

A person who is an active member of the existing scheme on the scheme closing date ceases to be an active member of that scheme on the earlier of—

(a)

the day on which a retirement pension (other than a phased retirement pension) becomes payable to P under the existing scheme; or

(b)

the day on which P begins a gap in service which—

(i)

begins after the scheme closing date; and

(ii)

exceeds 5 years.

Annotations

Textual amendments

F1

Word in sch. 3 para. 2(1) omitted (1.4.2015) by virtue of The Teachers’ Pension Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/97), regs. 1, 30(a)

F2

Sch. 3 para. 2(1)(c) and word inserted (1.4.2015) by The Teachers’ Pension Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/97), regs. 1, 30(b)

Commencement

I1

Sch. 3 para. 2 in force at 1.4.2015, see reg. 1(2)(b)