397. Application of the general protection principle.

The general protection principle applies where:

  1.  

    (1)     there is an interval between:

    1.  

      (a)     the date ('the cessation date') which is the earlier of the date on which an earner1 ceases to be in pensionable service2 under a scheme that was, before the second abolition date3, a salary related contracted-out scheme4, and the date on which the earner attains pensionable age; and

    2.  

      (b)     the date on which his guaranteed minimum pension5 under that scheme commences ('the commencement of payment date')6;

  2.  

    (2)     the relevant sum7 exceeds his guaranteed minimum on the day after the cessation date8; and

  3.  

    (3)     on the commencement