Legislation – The Teachers’ Pension Scheme (Remediable Service) Regulations (Northern Ireland) 2023

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Introduction

PART 1
Introductory provisions

1 Citation and commencement

2 Interpretation

3 Delegation

PART 2
Remediable service statements

4 Requirements relating to 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 relevant opted-out service

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

7 Application and interpretation of Chapter 2

8 Immediate choice decision for reformed scheme or legacy scheme benefits: general

9 Immediate choice decision: additional requirements

10 Immediate choice decision: deemed section 6 election

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

11 Application and interpretation of Chapter 3

12 Deferred choice decision for reformed scheme or legacy scheme benefits: general

13 Deferred choice decision to be made by M

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

15 Deferred choice decision: deemed section 10 election

16 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

17 Application and interpretation of Chapter 1

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

18 Application and interpretation of Section 2

19 Meaning of “alternative amount”

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

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

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

SECTION 3 Information provided on or after 1st October 2023

23 Application and interpretation of Section 3

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

25 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

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

PART 5
Voluntary contributions

CHAPTER 1 General

27 Interpretation of Part 5

28 Requirement to determine the value of flexibilities in a member’s alternative scheme

29 Election in relation to remediable voluntary contributions

30 Disapplication of scheme regulations where rights are determined, varied or conferred

31 Variation of the period during which a buy-out election may be made

CHAPTER 2 Immediate choice members

32 Application of Chapter 2

33 Treatment of legacy scheme additional pension where reformed scheme benefits chosen

34 Treatment of reformed scheme flexibilities where legacy scheme benefits take effect

35 Treatment of scheme flexibilities in payment

CHAPTER 3 Deferred choice members

SECTION 1 Application of Chapter 3

36 Application of Chapter 3

SECTION 2 Provision about remediable voluntary contributions on the entry into force of section 2(1) of PSPJOA 2022

37 Application of Section 2

38 Treatment of rights to reformed scheme flexibilities on the entry into force of section 2(1) of PSPJOA 2022

39 Agreement to waive payment of a compensatable amount

SECTION 3 Provision about remediable voluntary contributions on a deferred choice decision

40 Variation of legacy scheme additional pension where reformed scheme benefits chosen

41 Reinstatement of reformed scheme flexibilities where reformed scheme benefits chosen

42 Treatment of waived compensatable amount where legacy scheme benefits take effect

CHAPTER 4 Remediable arrangements to pay voluntary contributions to the legacy scheme

43 Remediable arrangements to pay voluntary contributions to secure legacy scheme additional pension

PART 6
Transfers

CHAPTER 1 General

44 Interpretation of Part 6

45 Transferred out remediable service statements

CHAPTER 2 Transfers on a cash equivalent basis

SECTION 1 Transfers before 1st October 2023

46 Transfers out before 1st October 2023

47 Transfers in before 1st October 2023

SECTION 2 Transfers on or after 1st October 2023

48 Application of Section 2

49 Transfers out on or after 1st October 2023

CHAPTER 3 Transfers on a club basis

SECTION 1 Club transfers before 1st October 2023

50 Club transfers out before 1st October 2023

51 Club transfers in before 1st October 2023

SECTION 2 Club transfers on or after 1st October 2023

52 Application of Section 2

53 Club transfers out on or after 1st October 2023

54 Club transfers in on or after 1st October 2023

CHAPTER 4 Variation of transfer application periods

55 Variation of transfer application periods

CHAPTER 5 Treatment of rights secured by virtue of a remediable value

56 Application and interpretation of Chapter 5

57 Transferred in remediable rights treated as being in the legacy scheme

58 Varying the value of benefits secured by virtue of transferred in remediable rights

59 Benefits already paid in relation to transferred in remediable rights

60 Pension benefits and lump sum benefits in relation to transferred in remediable rights

PART 7
Provision about special cases

CHAPTER 1 Ill-health retirement

61 Interpretation of Chapter 2

62 Determining whether a member meets the ill-health retirement criteria in each scheme

63 Provisions about ill-health retirement benefits following reassessment

64 Ill-health retirement benefit payable in transitional cases

CHAPTER 2 Miscellaneous special cases

65 Protection of the amount of pension payable to an eligible child

66 Premature retirement

67 Payment of annual allowance tax charges and provision of information

PART 8
Liabilities and payment

CHAPTER 1 Application of Part 8

68 Application of Part 8

CHAPTER 2 Interest, compensation and netting off

69 Interest

70 Indirect compensation

71 Applications for compensation or indirect compensation

72 Netting off

CHAPTER 3 Reduction and waiver of liabilities

73 Requirement to reduce liabilities by tax relief amounts

74 Power to reduce or waive amounts owed by a person to the scheme manager

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

CHAPTER 4 Payment of net liabilities

76 Application of Chapter 4

77 Payment of amounts owed to the scheme manager

78 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 Teachers’ Pension Scheme (Remediable Service) Regulations (Northern Ireland) 2023, Cross Heading: SECTION 1. Help about Changes to Legislation

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PART 6Transfers

CHAPTER 3Transfers on a club basis

SECTION 1Club transfers before 1st October 2023

Club transfers out before 1st October 2023
50.

(1)

This regulation applies in relation to each member (“M”) in respect of whom the scheme manager paid a remediable club transfer value before 1st October 2023.

(2)

The scheme manager, must calculate the following amounts—

(a)

the club transfer value of M’s rights under a teachers’ pension scheme as if M’s remediable rights had been secured in M’s legacy scheme;

(b)

the club transfer value of M’s rights under a teachers’ pension scheme as if M’s remediable rights had been secured in the reformed scheme.

(3)

The scheme manager must provide to the receiving scheme the result of the calculations mentioned in paragraph (2).

(4)

Where the receiving scheme is a local government scheme (within the meaning of section 86(1) of PSPJOA 2022), and—

(a)

the greater of the amounts calculated under paragraph (2) (“x”) is greater than

(b)

the amount of the remediable transfer value (“y”),

the scheme manager must pay the receiving scheme an amount equal to x y.

(5)

A payment made under paragraph (4) is subject to the same conditions as the remediable club transfer value.

Annotations:
Commencement Information

I1Reg. 50 in operation at 1.10.2023, see reg. 1

Club transfers in before 1st October 2023
51.

(1)

This regulation applies in relation to each remediable club transfer payment value in respect of a member (“M”) which was accepted by the scheme manager before 1st October 2023.

(2)

The scheme manager may accept an adjustment in the value of a remediable club transfer value—

(a)

in respect of the remediable rights to which the remediable club transfer value relates, and

(b)

which is made by the sending scheme pursuant to, or to provision made under, PSPJOA 2022.

(3)

An adjustment accepted under paragraph (2) is to be used for the purpose of determining the amount of pension M is entitled to count under a teacher pension scheme on the same terms as the remediable club transfer value mentioned in paragraph (1).

(4)

The scheme manager, must determine the amount of pension M is entitled to count if the remediable transfer value together with any adjustment accepted under paragraph (2) were applied in respect of rights in—

(a)

M’s legacy scheme;

(b)

the reformed scheme.

Annotations:
Commencement Information

I2Reg. 51 in operation at 1.10.2023, see reg. 1