Legislation – The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023

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Introduction

PART 1
Introductory provisions

1 Citation, commencement and extent

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 election: 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 arrangements: information provided before 1 October 2023

18 Application and interpretation of Section 2

19 Meaning of “alternative amount”

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

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

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

SECTION 3 Information provided on or after 1 October 2023

23 Application and interpretation of Section 3

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

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

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

26 Arrangements other than a pension sharing order or agreement: 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 rules 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 remedial 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 Remedial arrangements to pay voluntary contributions to the legacy scheme

43 Remedial 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 1 October 2023

46 Transfers out before 1 October 2023

47 Transfers in before 1 October 2023

SECTION 2 Transfers on or after 1 October 2023

48 Application of Section 2

49 Transfers out on or after 1 October 2023

CHAPTER 3 Transfers on a club basis

SECTION 1 Club transfers before 1 October 2023

50 Club transfers out before 1 October 2023

51 Club transfers in before 1 October 2023

SECTION 2 Club transfers on or after 1 October 2023

52 Application of Section 2

53 Club transfers out on or after 1 October 2023

54 Club transfers in on or after 1 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 1

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 Immediate choice members with excess teacher service

CHAPTER 3 Premature retirement

67 Compensation for premature retirement

68 Payment of annual allowance tax charges and provision of information

PART 8
Liabilities and payment

CHAPTER 1 Application of Part 8

69 Application of Part 8

CHAPTER 2 Interest, compensation and netting off

70 Interest

71 Indirect compensation

72 Applications for compensation or indirect compensation

73 Netting off

CHAPTER 3 Reduction and waiver of liabilities

74 Requirement to reduce liabilities by tax relief amounts

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

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

CHAPTER 4 Payment of net liabilities

77 Application of Chapter 4

78 Payment of amounts owed to the scheme manager

79 Payment of amounts owed to a person

SCHEDULES

SCHEDULE Eligible decision-makers for deceased members

Signature

Explanatory note

PART 4Provision about divorce and dissolution arrangements

CHAPTER 1Pension credit and pension debit members

SECTION 1Application and interpretation of Chapter 1

Application and interpretation of Chapter 1
17.

(1)

This Chapter applies in relation to—

(a)

a pension credit member (“C”),

(b)

the corresponding pension debit member (“D”), and

(c)

the pension sharing agreement or pension sharing order by virtue of which C became a pension credit member in relation to D’s remediable teacher service (the “relevant pension sharing arrangement”).

(2)

In this Chapter—

appropriate person” means—

(a)

D, or

(b)

where D is deceased, D’s personal representatives,

C” means the pension credit member mentioned in paragraph (1)(a),

cash equivalent” means an amount calculated in accordance with regulations made under section 30 of WRPA 199918,

corresponding pension debit member” means the member referred to in sub-paragraph (c) of the definition of “pension credit member”,

D” means the corresponding pension debit member mentioned in paragraph (1)(b),

pension credit member” means a member of a teacher scheme who has rights under the scheme—

(a)

which are attributable (directly or indirectly) to a pension credit19,

(b)

which arise by virtue of a pension sharing arrangement with a transfer day on or after 1st April 2015, and

(c)

the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable teacher service of another member,

pension sharing agreement” means an agreement to which section 28 of WRPA 199920 applies in relation to a pension credit member and the corresponding pension debit member;

pension sharing order” means the order or provision by virtue of which section 29 of WRPA 1999 applies in relation to a pension credit member and the corresponding pension debit member,

relevant pension sharing arrangement” has the meaning given in paragraph (1)(c),

remediable relevant benefits” means the benefits or future benefits described in section 29(4) and (5) of WRPA 1999 to which D is entitled by virtue of remediable shareable rights,

remediable shareable rights” means D’s shareable rights secured by virtue of D’s remediable teacher service during the period beginning on 1 April 2015 and ending on the earlier of—

(a)

the day before the transfer date, or

(b)

the last day of D’s remediable teacher service,

shareable rights” has the meaning given in section 27(2) of WRPA 1999,

transfer day” means the day on which the relevant pension sharing arrangement takes effect,

valuation day” has the meaning given in section 29(7) of WRPA 1999.

18

In accordance with section 110(1) of PSPJOA 2022, “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30).

19

See section 19(7) of PSPJOA 2022 for the meanings of “pension debit” and “pension credit”.

20

Section 28 was amended by the Civil Partnership Act 2004 (c. 33), the Pensions Act 2008 (c. 30) and the Children and Families Act 2014 (c. 6).