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 62C.
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PART 7Provision about special cases
CHAPTER 2Miscellaneous special cases
F1Retrospective ill-health retirement assessment under alpha62C.
(1)
This regulation applies to an immediate choice member (“M”), where M was, immediately before 1st April 2022, a full protection member within the meaning of paragraph 1 of Schedule 2 to the 2014 Regulations.
(2)
The immediate choice decision-maker may elect for M’s service to be treated as if, during the period of M’s remediable service, M had claimed payment of ill-health benefits under Chapter 4 of Part 6 of the 2014 Regulations (“ill-health benefits”).
(3)
Except where the scheme manager is the immediate choice decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—
(a)
made by or on behalf of M,
(b)
in a form and manner determined by the scheme manager, and
(c)
received by the scheme manager during a period determined by the scheme manager.
(4)
The scheme manager may by written notice require the person who has made an application under paragraph (3) to provide in relation to the application such information that—
(a)
is within the person’s possession, or
(b)
the person may reasonably be expected to obtain.
(5)
As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—
(a)
determine whether an election under paragraph (2) may be made in relation to M,
(b)
determine the entitlement, if any, to ill-health benefits for the period claimed, as if all of M’s remediable service had been in alpha, and
(c)
notify the person who made the application what M’s entitlement, if any, to ill-health benefits for the period claimed would be.
(6)
Where the scheme manager is the relevant decision maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the relevant decision-maker, determine whether to make such an election in relation to M.
(7)
The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have claimed payment of ill-health benefits during the period of M’s remediable service.
(8)
An election under paragraph (2) is made by—
(a)
a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5)(c);
(b)
the scheme manager at the time determined by the scheme manager.
(9)
Where an election under paragraph (2) is made, the scheme manager must treat M’s service as if the ill-health benefits determined under paragraph (5)(b) had been payable from the day after M’s last day of service in an employment or office which is capable of being pensionable service in a civil service scheme.