Legislation – The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023

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Introduction

PART 1
Introductory provisions

1 Title, application and coming into force

2 Interpretation

3 Delegation

PART 2
Remediable Service Statements

4 Requirement to provide a remediable service statement

PART 3
Decisions in relation to remediable service

CHAPTER 1 Opted-out service elections

5 Application and interpretation of Chapter 1

6 Election in relation to opted-out service

7 Opted-out service election: additional requirements

8 Opted-out service election: lapse

CHAPTER 2 Immediate choice decision for 2015 scheme or legacy scheme benefits

9 Application and interpretation of Chapter 2

10 Immediate choice decision for 2015 scheme or legacy scheme benefits

11 Immediate choice decision: additional requirements

12 Immediate choice decision: deemed decision

CHAPTER 3 Deferred choice decision for 2015 scheme or legacy scheme benefits

13 Application and interpretation of Chapter 3

14 Deferred choice decision for 2015 scheme or legacy scheme benefits: general

15 Deferred choice decision to be made by M

16 Deferred choice decision to be made by a person other than M

17 Deferred choice decision: additional requirements

18 Deferred choice decision: deemed decision

19 Deferred choice decision: transitional arrangements

PART 4
Provision about divorce and dissolution arrangements

CHAPTER 1 Pension credit and pension debit members

SECTION 1 Application and interpretation of Chapter 1

20 Application and interpretation of Chapter 1

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

21 Application and interpretation of Section 2

22 Meaning of “alternative amount”

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

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

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

SECTION 3 Information provided on or after 1 October 2023

26 Application and interpretation of Section 3

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

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

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

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

PART 5
Voluntary contributions

30 Treatment of 2015 scheme added pension payments

31 Treatment of legacy scheme added years payments

32 Remedial arrangements to pay voluntary contributions to secure legacy scheme added years

33 Disapplication of restriction on lump sum payments for 2015 scheme added pension

PART 6
Transfers

CHAPTER 1 General

34 Interpretation of Part 6

35 Transferred out remediable service statements

CHAPTER 2 Transfers on a cash equivalent basis

SECTION 1 Transfers before 1 October 2023

36 Transfers out before 1 October 2023

37 Transfers in before 1 October 2023

SECTION 2 Transfers on or after 1 October 2023

38 Application of Section 2

39 Transfers out on or after 1 October 2023

40 Transfers in from a public service pension scheme on or after 1 October 2023

CHAPTER 3 Transfers on a club basis

SECTION 1 Club transfers before 1 October 2023

41 Club transfers out before 1 October 2023

42 Club transfers in before 1 October 2023

SECTION 2 Club transfers on or after 1 October 2023

43 Application of Section 2

44 Club transfers out on or after 1 October 2023

45 Club transfers in on or after 1 October 2023

SECTION 3 Variation of the club transfer application period

46 Variation of the club transfer application period

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

47 Application and interpretation of Chapter 4

48 Remediable value treated as being in the legacy scheme

49 Treatment of rights to benefits secured by virtue of remediable value

50 Benefits already paid in relation to transferred in remediable rights

51 Pension benefits and lump sum benefits in relation to a remediable value

PART 7
Provision about special cases

CHAPTER 1 Ill-health retirement

52 Application and interpretation of Part 7

53 M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme

54 Entitlement to ill-health benefits where a remedy member’s legacy scheme is the 1992 scheme

55 Assessment and reassessment of certain transitional ill-health cases

CHAPTER 2 Miscellaneous special cases

56 Payment of annual allowance tax charges and provision of information

PART 8
Immediate detriment cases

57 Treatment of immediate detriment cases

PART 9
Liabilities and payment

CHAPTER 1 Application of Part 9

58 Application of Part 9

CHAPTER 2 Interest, compensation and netting off

59 Interest

60 Indirect compensation

61 Applications for compensation or indirect compensation

62 Netting off

CHAPTER 3 Reduction and waiver of liabilities

63 Requirement to reduce liabilities by tax relief amounts

64 Waiver of amounts owed by a relevant survivor to the scheme manager

65 Waiver of amounts owed by a relevant separated person to the scheme manager

66 Power to reduce or waive amounts owed by a personal representative to the scheme manager

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

CHAPTER 4 Payment of net liabilities

68 Application and interpretation of Chapter 4

69 Payment of amounts owed to the scheme manager

70 Payments of amounts owed to a person

SCHEDULES

SCHEDULE Eligible decision-makers for deceased members

Signature

Explanatory note

Changes to legislation:

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PART 2Remediable Service Statements

Requirement to provide a remediable service statement
4.

(1)

The scheme manager must provide a remediable service statement in respect of a remedy member (“M”) in accordance with—

(a)

section 29 of the PSPJOA 2022,

(b)

any Treasury directions made under section 29(6) of that Act, and

(c)

this regulation.

(2)

A remediable service statement must be provided in respect of M—

(a)

on or before the relevant date10,

(b)

where M is, in relation to their remediable service, for the time being—

(i)

an active member11, at least once in each year ending with the anniversary of the relevant date,

(ii)

a deferred member12, in response to a request by the person mentioned in paragraph (3)13, or

(iii)

a pensioner member, once only, and

(c)

where M is a deferred choice member, as soon as reasonably practicable following receipt of notification—

(i)

under regulation 15(2) that M intends to claim benefits in relation to M’s remediable service, or

(ii)

that M has died.

(3)

The remediable service statement must be provided to—

(a)

M, or

(b)

where M has died—

(i)

the person who is for the time being the eligible decision-maker in relation to M’s remediable service under the Schedule, and

(ii)

within 18 months of the scheme manager receiving notification that M has died.

(4)

The remediable service statement must include—

(a)

where M is an immediate choice member, information about—

(i)

the irrevocability of an immediate choice decision, and

(ii)

the benefits which will be payable if no immediate choice decision is made before the end of the section 6 election period;

(b)

where M is a deferred choice member, information about—

(i)

the revocability (or otherwise) of a deferred choice decision, and

(ii)

the benefits that will be payable if no deferred choice decision is made before the end of the section 10 election period;

(c)

where M is deceased, the identity, or a description of the identity, of the person or persons who may make an immediate choice decision or a deferred choice decision in relation to M’s remediable service.

(5)

For further provision about—

(a)

what a remediable service statement must include, see—

(i)

section 29(5) of the PSPJOA 2022;

(ii)

direction 20(1) of the PSP Directions 2022;

(b)

when a remediable service statement must be combined with a benefit information statement provided under section 14 of the Public Service Pensions Act 2013, see direction 20(2) of the PSP Directions 2022.

Annotations:
Commencement Information

I1Reg. 4 in force at 1.10.2023, see reg. 1(3)

10

See section 29(10) of the PSPJOA 2022 for the meaning of “the relevant date”.

11

See section 109(2) of the PSPJOA 2022 for the meaning of “active member”.

12

See section 109(4) of the PSPJOA for the meaning of “deferred member”.

13

In accordance with section 29(9) of the PSPJOA 2022, only one request under regulation 4(2)(b)(ii) may be made during any period of 12 months.