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

New Search

Introduction

PART 1
Introductory provisions

1 Citation, commencement and extent

2 Interpretation

3 Delegation

PART 2
Remediable service statements

4 Requirements relating to remediable service statements

4A Voidable 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 opted-out service

CHAPTER 2 Immediate choice decision for alpha or PCSPS benefits

7 Application of Chapter 2

8 Immediate choice decision for alpha or PCSPS 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 benefits

11 Application of Chapter 3

12 Deferred choice decision for alpha or PCSPS 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 added pension: treatment on a section 6 or 10 election

CHAPTER 2 Effective pension age and enhanced effective pension age

30 Treatment of EPA and EEPA 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

35 Remedial arrangements to pay voluntary contributions to secure EPA or EEPA 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

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 membership

62 Payment of annual allowance tax charges and provision of information

62A Recovery of injury or compensation scheme benefits

62B Opt-out period election

62C Retrospective ill-health retirement assessment under alpha

62D Retrospective ill-health retirement assessment under Section II

62E Recalculation of partial retirement pension under PCSPS

62F Recalculation of early retirement pension under PCSPS

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

65 Interest

66 Indirect compensation

67 Applications for compensation or indirect compensation

68 Netting off

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

Signature

Explanatory note

Changes to legislation:

There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1Introductory provisions

Interpretation
2.

(1)

In these Regulations—

PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

the 2014 Regulations” means the Public Service (Civil Servants and Others) Pensions Regulations 20143;
the PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 20224;

alpha” means the pension scheme established by the 2014 Regulations;

alpha benefits” means new scheme benefits5 under alpha;

civil service scheme” means alpha or the PCSPS;

deferred choice decision” has the meaning given in regulation 12(1);

deferred choice decision-maker” means the person who may make a deferred choice decision under regulation 12(2);

deferred choice member” means a member with remediable service who is not an immediate choice member;

end of the section 10 election period”, in relation to a deferred choice member, means the end of the day determined in accordance with—

(a)

where the member is the deferred choice decision-maker, regulation 13(1)(b);

(b)

where a person other than the member is the deferred choice decision-maker, regulation 13(4)(b);

immediate choice decision” has the meaning given in regulation 8(1);

immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2);

immediate choice member” means a member with remediable service who, immediately before 1st October 2023, was deceased or entitled to the present payment of a pension, other than an excluded pension, under a civil service scheme; and “excluded pension” means a pension the rate of which—

(a)

is not determined (by any extent) by reference to the member’s remediable service, and

(b)

is not affected by the coming into force of section 2(1) of PSPJOA 2022;

member” means an active, deferred, deceased or pensioner, but not a pension credit6, member of a civil service scheme;

opted-out service election” has the meaning given in regulation 6(1);

the PCSPS” means the pension scheme made under section 1 of the Superannuation Act 19727 which is the principal civil service pension scheme within the meaning of section 2(10)8 of that Act, and in relation to a member—

(a)

the PCSPS” means the Section of the PCSPS that is the relevant Chapter 1 legacy scheme9 for the member;

(b)

PCSPS benefits” means benefits under the PCSPS;

remediable service”, in relation to a member, means (except in this definition) the member’s remediable service10 in an employment or office that is pensionable service under a civil service scheme;

remedy member” means a deferred choice member or an immediate choice member;

the scheme manager” means the Minister for the Civil Service;

Section I” means Section I of the PCSPS;

Section II” means Section II of the PCSPS;

Section III” means Section III of the PCSPS;

section 6 election” has the meaning given in regulation 8(1)(a);

section 10 election” has the meaning given in regulation 12(1)(a).

(2)

For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of a civil service scheme.

(3)

A term used in these Regulations which—

(a)

is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and

(b)

is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

(4)

A term used in these Regulations which—

(a)

is defined in the 2014 Regulations, Section I, Section II or Section III (a “relevant scheme”), and

(b)

is not defined differently in—

(i)

these Regulations, or

(ii)

in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,

has, in relation to the relevant scheme, the meaning given in that scheme.

(5)

In these Regulations, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.

Annotations:
Commencement Information

I1Reg. 2 in force at 1.10.2023, see reg. 1(b)