Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 4: Meaning of "the relevant Chapter 1 legacy scheme" etc
Section 4 defines the meaning of "relevant Chapter 1 legacy scheme". The purpose of this section is to ensure that members in scope of section 1, who will be retrospectively ‘moved back’ to a Chapter 1 legacy scheme in respect of their remediable service in accordance with section 2(1), are returned to the appropriate Chapter 1 legacy scheme or section of a Chapter 1 legacy scheme. Most of the public service workforces have two or more Chapter 1 legacy schemes or have Chapter 1 legacy schemes with different sections for members depending on their joining date(s). The appropriate Chapter 1 legacy scheme, or section of a Chapter 1 legacy scheme, for an eligible member will usually be the scheme or section of which they were last a member (section 4(1)). Under section 4(2), where an individual opted-out of their Chapter 1 legacy scheme on or before the closing date (defined at section 1(8)) and on that date the rules of that scheme prohibited a person who opted-out from re-joining, the relevant Chapter 1 legacy scheme for that individual will be one which they would have been entitled to join on the closing date.
	Under section 4(3), where an individual opted-out of their Chapter 1 new scheme after the closing date or ceased to be in an eligible employment or office, but re-joined their Chapter 1 new scheme or resumed service in an eligible employment or office before 1 April 2022, if the rules of the Chapter 1 legacy scheme of which they were last a member prohibited a person from re-joining, the relevant Chapter 1 legacy scheme for that individual will be one which they would have been entitled to join at the time they re-joined their Chapter 1 new scheme or resumed service in an eligible employment or office. It is possible that an individual had not previously been participating in a Chapter 1 legacy scheme or that there is no Chapter 1 legacy scheme which allows members who have opted-out to re-join; in such cases, subsections (6) and (8) provide that the appropriate Chapter 1 legacy scheme or section of a scheme will be the Chapter 1 legacy scheme or section of that scheme that they would have been entitled to join on 31 March 2012 (which corresponds with the condition set out in section 1(5)).
	Section 4(4) provides for cases involving excess teacher service (as defined in section 110(2)).