Legislation – Public Service Pensions and Judicial Offices Act 2022

PART 1
Public service pension schemes

CHAPTER 1 Schemes other than judicial schemes and local government schemes

Remediable service

1 Meaning of “remediable service”

Retrospective provision about remediable service

2 Remediable service treated as pensionable under Chapter 1 legacy schemes

3 Benefits already paid

4 Meaning of “the relevant Chapter 1 legacy scheme” etc

5 Election for retrospective provision to apply to opted-out service

Pensioner and deceased members: immediate choice of new scheme benefits

6 Immediate choice to receive new scheme benefits

7 Elections by virtue of section 6: timing and procedure

8 Power to deem election by virtue of section 6 to have been made

9 Persons with remediable service in more than one Chapter 1 legacy scheme

Active and deferred members: deferred choice of new scheme benefits

10 Deferred choice to receive new scheme benefits

11 Elections by virtue of section 10: timing and procedure

12 Power to deem election by virtue of section 10 to have been made

13 Persons with remediable service in more than one Chapter 1 legacy scheme

Pension benefits and contributions: corrections

14 Pension benefits and lump sum benefits: pensioner and deceased members

15 Pension contributions: pensioner and deceased members

16 Pension contributions: active and deferred members (immediate correction)

17 Pension contributions: active and deferred members (deferred correction)

18 Powers to reduce or waive liabilities

Powers to make provision in relation to special cases

19 Pension credit members

20 Voluntary contributions

22 Further powers to make provision about special cases

23 Power to pay compensation

24 Indirect compensation

25 Remedial arrangements to pay voluntary contributions to legacy schemes

Further provision about corrections, special cases and compensation

26 Interest and process

27 Treasury directions

28 Scheme rules that prohibit unauthorised payments

29 Remediable service statements

30 Section 61 of the Equality Act 2010 etc

Immediate detriment cases

31 Application of Chapter to immediate detriment cases

32 Whether an “immediate detriment remedy” has been obtained

33 Meaning of “Chapter 1 scheme” etc

34 Meaning of “new scheme benefits”

35 Meaning of “legacy scheme contributions” and “new scheme contributions”

36 Meaning of “opted-out service”

37 Scheme regulations

38 Interpretation of Chapter

CHAPTER 2 Judicial schemes

Remediable service

39 Meaning of “remediable service”

Options exercise

40 Legacy scheme elections

41 Partnership pension account: requirement to transfer and surrender rights

42 Legacy scheme elections: effect

43 Meaning of “the relevant judicial legacy salaried scheme”

44 2015 scheme elections

45 2015 scheme elections: effect

46 Person by whom election is to be made

Options exercise: further provision

47 Cases in which 2015 scheme election treated as made

48 Benefits for children where election made

49 Effect of elections on benefits previously paid or payable

50 Effect of elections on pension contributions previously paid or payable

Pension benefits and contributions: corrections

51 Pension benefits and lump sums benefits

52 Pension contributions

53 Effective pension age payments

54 Transitional protection allowance

55 Power to reduce benefits in lieu of paying liabilities owed to scheme

56 Powers to reduce or waive liabilities

Powers to make provision in relation to special cases

57 Pension credit members

58 Further powers to make provision about special cases

59 Power to pay compensation

60 Remedial arrangements to pay voluntary contributions to judicial schemes

Further provision about corrections, special cases and compensation

61 Interest and process

62 Treasury directions

63 Scheme rules that prohibit unauthorised payments

64 Information statements

65 Power to delegate

66 Section 61 of the Equality Act 2010 etc

Immediate detriment cases

67 Application of Chapter to immediate detriment cases

68 Whether an “immediate detriment remedy” has been obtained

69 Meaning of “the election period”

70 Meaning of “a judicial scheme” etc

71 Meaning of “judicial office” etc

72 Meaning of “the relevant authority”

73 Meaning of “opted-out service” and “PPA opted-out service”

74 Scheme regulations

75 Interpretation of Chapter

76 Modifications of Chapter in relation to fee-paid judicial offices

CHAPTER 3 Local government schemes

Remediable service

77 Meaning of “remediable service”

Power to pay final salary benefits

78 Power to pay final salary benefits

79 Section 78: transitional provision

Power to make provision in relation to special cases

80 Pension credit members

81 Further powers to make provision about special cases

82 Power to pay compensation

83 Indirect compensation

Further provision about final salary benefits, special cases and compensation

84 Interest and process

85 Treasury directions

86 Meaning of “local government scheme” etc

87 Interpretation of Chapter

CHAPTER 4 General

Restriction of schemes from 31 March 2022

88 Restriction of existing schemes

89 Restriction of existing schemes: savings and transitional provision

90 Restriction of other schemes

91 Prohibition of new arrangements to pay voluntary contributions

Employer cost cap

92 Amendments relating to employer cost cap

93 Operation of employer cost cap in relation to 2016/17 valuation

Other amendments of PSPA 2013 and PSPA(NI) 2014

94 Amendments relating to scheme regulations

95 Amendments relating to the establishment or restriction of schemes

96 Amendments relating to the Secret Intelligence Service etc

97 Amendments relating to the judiciary

98 Amendments relating to non-scheme benefits

99 Amendments relating to pension schemes for members of the Senedd

100 Guidance to public service pension scheme managers on investment decisions

101 Power of Treasury to make scheme for compensation

102 Power of Department of Finance to make scheme for compensation

103 Power to make provision in relation to certain fee-paid judges

104 HMRC information-sharing and other functions relating to compensation etc

105 Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006

106 Minor amendment

107 Parliamentary procedure for judicial schemes: transitory provision

108 Power to make consequential provision

Interpretation of Part

109 Meaning of “member” etc

110 Interpretation of Part

PART 2
Pensions and Banking (Special Provisions) Act 2008 Bodies

111 Establishment of new public schemes and transfer of rights

112 New public schemes: further provision

113 Protection against adverse treatment: transfer of rights

114 Protection against adverse treatment: amendment of new public schemes

115 Transfer of assets and liabilities

116 Transfer of other pensions and benefits

118 Information

119 Regulations

120 Interpretation

PART 3
Judicial offices

121 Retirement date for holders of judicial offices etc

122 Allowances for judicial office holders

123 Sitting in retirement offices

124 Appointment to sitting in retirement offices

125 Appointment to sitting in retirement offices: further provision

126 Discipline and removal from office

127 Power to add new offices

128 Consequential etc provision

PART 4
General

129 Regulations and directions

131 Commencement

132 Short title

SCHEDULES

SCHEDULE 1 Retirement date for holders of judicial offices etc

SCHEDULE 2 Allowances payable to judicial office holders

SCHEDULE 3 Judicial offices

SCHEDULE 4 Consequential etc amendments in connection with Part 3

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

Changes to legislation:

There are currently no known outstanding effects for the Public Service Pensions and Judicial Offices Act 2022, Section 28.

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PART 1Public service pension schemes

CHAPTER 1Schemes other than judicial schemes and local government schemes

Miscellaneous

28Scheme rules that prohibit unauthorised payments

(1)

Subsection (2) applies where—

(a)

a payment from a Chapter 1 scheme is permitted or required to be made under or by virtue of this Chapter,

(b)

the payment, if made, would be an unauthorised payment, and

(c)

a rule of the scheme prohibits the scheme from making unauthorised payments.

(2)

The payment may be made only if it falls within a description of payments specified for the purposes of this section in Treasury directions.

(3)

In this section “unauthorised payment” means a payment that is an unauthorised payment for the purposes of Part 4 of FA 2004 (see section 160(5) of that Act).