Part 1: Public Service Pension Schemes Chapter 4: General Section 89: Restriction of existing schemes: savings and transitional provision
This section makes transitional and savings provisions in respect of section 88, whereby scheme regulations may continue to exercise the powers contained in (repealed) sections 18(5) to 18(8) of PSPA 2013 or (repealed) sections 18(5) to 18(9) of PSPA(NI) 2014 to provide exceptions to the closure of legacy schemes from 1 April 2022 only in the narrow circumstances specified by section 89(2).
	The circumstances specified by section 89(2) are:
in connection with transitional protection, only to the extent that it existed in scheme regulations prior to 1 April 2022 and in respect of a member’s service between 1 April 2015 and 31 March 2022;
in connection with transfers into a public service pension scheme by a Fair Deal employee 3 , or by other employees accruing benefits in an unreformed public sector pension scheme. In such a case, if those employees have accrued any pensionable service on or after 1 April 2022 in a scheme broadly equivalent to a legacy scheme, they may be awarded credit in a legacy scheme; and
in connection with weighted accrual. To the extent that a member’s accrual rate in a legacy scheme is dependent on their length of service (regardless of the scheme in which that service is pensionable), that accrual rate should continue to be adjusted on the same basis; in such a case, further accrual will be permitted in a legacy scheme only to the extent that it derives from an increase in the relevant member’s length of service.
	Section 89(4) to (6) replicate the provisions in section 89(1) to 89(3) in respect of the PSPA(NI) 2014.