Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023

PART 1
Introductory provisions

1 Citation and commencement

2 Interpretation

PART 2
Remediable service statements

4 Requirements relating to remediable service statements

PART 3
Decisions about the treatment of remediable service

CHAPTER 1 Opted-out service elections

5 Application and interpretation of Chapter 1

6 Election in relation to PCSPS(NI) opted-out service

CHAPTER 2 Immediate choice decision for alpha or PCSPS(NI) benefits

7 Application of Chapter 2

8 Immediate choice decision for alpha or PCSPS(NI) benefits: general

9 Immediate choice decision: additional requirements

10 Immediate choice decision: deemed section 6 election

CHAPTER 3 Deferred choice decision for alpha or PCSPS(NI) benefits

11 Application of Chapter 3

12 Deferred choice decision for alpha or PCSPS(NI) benefits: general

13 Deferred choice decision: when a deferred choice decision may be made

14 Deferred choice decision: revocation

15 Deferred choice decision: additional requirements

PART 4
Provision about divorce and dissolution arrangements

CHAPTER 1 Pension credit and pension debit members

SECTION 1 Application and interpretation of Chapter 1

16 Application and interpretation of Chapter 1

SECTION 2 Pension sharing orders: information provided before 1st October 2023

17 Application and interpretation of Section 2

18 Meaning of “alternative amount”

19 Information provided before 1st October 2023: calculating a remediable credit adjustment

20 Information provided before 1st October 2023: applying a remediable credit adjustment

21 Information provided before 1st October 2023: recalculating D’s reduction of benefit

SECTION 3 Information provided on or after 1st October 2023

22 Application and interpretation of Section 3

23 Information provided on or after 1st October 2023: calculation of pension credits and debits

24 Information provided on or after 1st October 2023: recalculating D’s reduction of benefit

CHAPTER 2 Arrangements on divorce, annulment or dissolution other than a pension sharing order

25 Arrangements other than a pension sharing order: calculating the value of pension benefits

PART 5
Voluntary contributions

CHAPTER 1 Added pension

26 Interpretation of Chapter 1

27 Lump sum purchase of added pension

28 Periodic arrangements for alpha added pension

29 PCSPS(NI) added pension: treatment on a section 6 or 10 election

CHAPTER 2 Effective pension age

30 Treatment of EPA rights

CHAPTER 3 Treatment of remediable added pension rights

31 Application and interpretation of Chapter 3

32 Treatment of added pension rights under alpha

33 Benefits already paid in relation to added pension rights

34 Pension benefits and lump sum benefits in relation to remediable additional rights

CHAPTER 4 Remedial arrangements to pay voluntary contributions to the PCSPS(NI)

35 Remedial arrangements to pay voluntary contributions to secure EPA rights

PART 6
Transfers

CHAPTER 1 General

36 Interpretation of Part 6

37 Transferred out remediable service statements

CHAPTER 2 Transfers on a cash equivalent basis

SECTION 1 Transfers before 1st October 2023

38 Transfers out before 1st October 2023

39 Transfers in before 1st October 2023

SECTION 2 Transfers on or after 1st October 2023

40 Application of Section 2

41 Transfers out on or after 1st October 2023

CHAPTER 3 Transfers on a club basis

SECTION 1 Club transfers before 1st October 2023

42 Club transfers out before 1st October 2023

43 Club transfers in before 1st October 2023

SECTION 2 Club transfers on or after 1st October 2023

44 Application of Section 2

45 Club transfers out on or after 1st October 2023

46 Club transfers in on or after 1st October 2023

SECTION 3 Interim payment of benefits in certain cases

47 Interim payment of benefits in certain cases

CHAPTER 4 Treatment of rights secured by virtue of a remediable value

48 Application and interpretation of Chapter 4

49 Transferred in remediable rights treated as being in the PCSPS(NI)

50 Varying the value of benefits secured by virtue of transferred in remediable rights

51 Benefits already paid in relation to transferred in remediable rights

52 Pension benefits and lump sum benefits in relation to transferred in remediable rights

PART 7
Provision about special cases

CHAPTER 1 Ill-health retirement

53 Application and interpretation of Chapter 1

54 Whether M meets the IHR criteria in M’s alternative scheme

55 Deferred choice members entitled to ill-health benefits in their alternative scheme only

56 Remedy members entitled to ill-health benefits in their alternative scheme only

57 Remedy members with provisional awards of ill-health pension

58 Disapplication of certain requirements

CHAPTER 2 Miscellaneous special cases

59 Protection of the amount of pension in payment to an eligible child

60 Modification of nomination rules for Section II members

61 Aggregation of PCSPS(NI) membership

62 Payment of annual allowance tax charges and provision of information

PART 8
Immediate detriment cases

63 Treatment of immediate detriment cases

PART 9
Liabilities and payment

CHAPTER 1 Application of Part 9

64 Application of Part 9

CHAPTER 2 Interest, compensation and netting off

66 Indirect compensation

67 Applications for compensation or indirect compensation

CHAPTER 3 Reduction and waiver of liabilities

69 Reduction of liabilities in relation to pension contributions

70 Power to reduce or waive amounts owed by a person to the scheme manager

71 Agreement to waive a liability owed by the scheme manager in respect of an immediate correction

CHAPTER 4 Payment of net liabilities

72 Application of Chapter 4

73 Payment of amounts owed to the scheme manager

74 Payment of amounts owed to a person

SCHEDULES

SCHEDULE Eligible decision-makers for deceased members

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

PART 9Liabilities and payment

CHAPTER 2Interest, compensation and netting off

Indirect compensation
66.

(1)

This regulation applies where, pursuant to an application under regulation 67, the scheme manager determines that an immediate choice member (“M”) has incurred a compensatable loss25 that is a Part 4 tax loss26 (a “relevant loss”).

(2)

M is not to be paid an amount under section 23 of PSPJOA 2022 by of compensation in respect of the relevant loss.

(3)

Instead, the amount of benefit payable under a civil service scheme is to be increased to reflect the amount of the relevant loss in such manner as determined by the scheme manager in accordance with direction 10(2) to (4) of the PSP Directions 2023.