Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 4A.
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PART 2Remediable service statements
F1Voidable remediable service statements4A.
(1)
The scheme manager may treat as void a remediable service statement provided in relation to a member (“M”), including where an immediate choice decision or a deferred choice decision has been made in relation to M’s remediable service, provided that the scheme manager is satisfied that—
(a)
the remediable service statement fails to meet one or more of the requirements in—
(i)
regulation 4(4);
(ii)
section 29(5) of PSPJOA 2022 (remediable service statements);
(iii)
Treasury directions under section 29(6) of PSPJOA 2022, and
(b)
but for the failure in sub-paragraph (a), it is more likely than not that the relevant decision-maker (“D”) would make, or as the case may be, would have made a different immediate choice decision or deferred choice decision.
(2)
The scheme manager may in particular determine that a remediable service statement fails to meet one or more of the requirements in the provisions mentioned in paragraph (1)(a) where—
(a)
the scheme manager provides the remediable service statement to D before affording D a reasonable opportunity to make an election under—
(i)
regulation 62B(2);
(ii)
regulation 62C(2);
(iii)
regulation 62D(2);
(iv)
regulation 62E(2);
(v)
regulation 62F(2);
(vi)
section 5 of PSPJOA 2022,
(b)
D, having made a remedy decision in relation to M based on the remediable service statement mentioned in sub-paragraph (a), makes one or more of the elections mentioned in sub-paragraph (a)(i) to (vi) in relation to M, and
(c)
had D made that election or those elections before the provision of the remediable service statement, the remediable service statement would have contained different information.
(3)
Where a remediable service statement is voided in accordance with paragraph (1)—
(a)
it is to be treated as never having been provided;
(b)
regulation 13(1)(b)(iii) does not apply.
(4)
In this regulation, “relevant decision-maker” means—
(a)
where M is a deferred choice member, the deferred choice decision-maker;
(b)
where M is an immediate choice member, the immediate choice decision-maker.