Pension rule 1 (see ¶378-100) says that, apart from ill-health cases, no pension should be paid before the member reaches normal minimum pension age (55 from 6 April 2010, previously 50). However schemes in existence prior to 6 April 2006 may have allowed members to take their pensions at a lower age and this right may be preserved if the scheme is a ‘protected pension scheme’ and the ‘retirement condition’ is met (FA 2004, Sch. 36, para. 21, 22(1)). However these provisions did not allow a protected retirement age of more than 50 at any time before 6 April 2010 (FA 2004, Sch. 36, para. 22(9)).

Protected pension scheme

This is a scheme which satisfies either of the following conditions:

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