Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023
Changes to legislation:
There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023, Section 18.
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 4Provision about divorce and dissolution arrangements
CHAPTER 1Pension credit and pension debit members
SECTION 2Pension sharing orders: information provided before 1st October 2023
Meaning of “alternative amount”
18.
(1)
“Alternative amount” means—
(a)
in relation to a relevant pension order that does not relate to mixed service, where an initial amount was determined under —
(i)
Article 26(2) of WRP(NI)O 1999 in relation to a percentage value to be transferred from the initial scheme, the amount that would have been determined applying the relevant percentage value under that section on the valuation day if the remediable relevant benefits had been secured in the alternative scheme;
(ii)
Article 26(3) of WRP(NI)O 1999 in relation to an amount to be transferred from the initial scheme, the amount equal to the implied percentage of the cash equivalent of the remediable relevant benefits on the valuation day determined as if all of those benefits had been secured in the alternative scheme;
(b)
in relation to a relevant pension order that relates to mixed service, the greater of—
(i)
the PCSPS(NI) amount, and
(ii)
the alpha amount.
(2)
In paragraph (1)(b)—
“the PCSPS(NI) amount” means, where the initial amount was—
(a)
determined under Article 26(2) of WRP(NI)O 1999 in relation to a percentage value to be transferred from both the PCSPS(NI) and alpha, the amount that would have been determined applying—
- (i)
in relation to pre-taper date remediable relevant benefits, the PCSPS(NI) percentage value, and
- (ii)
in relation to post-taper date remediable relevant benefits, the alpha percentage value,
under that Article on the valuation day if all of the remediable relevant benefits had been secured in the PCSPS(NI);
(b)
determined under Article 26(3) of WRP(NI)O 1999 in relation to an amount to be transferred from both the PCSPS(NI) and alpha, the amount equal to the implied percentage of the cash equivalent of the remediable relevant benefits on the valuation day determined as if all of those benefits had been secured in the PCSPS(NI);
“the alpha amount” means, where the initial amount was—
(a)
determined under Article 26(2) of WRP(NI)O 1999 in relation to a percentage value to be transferred from both the PCSPS(NI) and alpha, the amount that would have been determined applying—
- (i)
in relation to pre-taper date remediable relevant benefits, the PCSPS(NI) percentage value, and
- (ii)
in relation to post-taper date remediable relevant benefits, the alpha percentage value,
under that Article on the valuation day if all of the remediable relevant benefits had been secured in alpha;
(b)
determined under Article 26(3) of WRP(NI)O 1999 in relation to an amount to be transferred from both the PCSPS(NI) and alpha, the amount equal to the implied percentage of the cash equivalent of the remediable relevant benefits on the valuation day determined as if all of those benefits had been secured in alpha.
(3)
In this regulation—
“alpha percentage value” means the percentage value specified in a relevant pension sharing order in relation to alpha for the purpose of determining an amount under Article 26(2) of WRP(NI)O 1999;
“implied percentage”, in relation to the value of benefits under a civil service scheme, means the percentage that an initial amount determined under Article 26(3) of WRP(NI)O 1999 represented of the cash equivalent of the remediable relevant benefits under that scheme on valuation day;
“PCSPS(NI) percentage value” means the percentage value specified in a relevant pension sharing order in relation to the PCSPS(NI) for the purpose of determining an amount under Article 26(2) of WRP(NI)O 1999;
“post-taper date remediable relevant benefits” means remediable relevant benefits to which D is entitled by virtue of remediable shareable rights secured by virtue of D’s remediable service after D’s tapered protection closing date;
“pre-taper date remediable relevant benefits” means remediable relevant benefits to which D is entitled by virtue of remediable shareable rights secured by virtue of D’s remediable service on or before D’s tapered protection closing date;
“relevant percentage value” means—
(a)
where the relevant pension sharing order specifies a percentage value in relation to only the initial scheme for the purpose of determining an amount under Article 26(2) of WRP(NI)O 1999, that percentage value;
(b)
otherwise, the percentage value that is specified in relation to the alternative scheme;
“tapered protection closing date”, in relation to D, has the meaning given in paragraph 3 of Schedule 2 to the 2014 Regulations.