Legislation – Public Service Pensions and Judicial Offices Act 2022

is not, and is treated as never having been, pensionable service under that scheme, and

is treated as being, and as always having been, pensionable service under the relevant Chapter 1 legacy scheme.

for the purposes of determining which Chapter 1 scheme is (or at any time was) required to pay benefits to or in respect of a member,

for the purposes of determining the amount of any benefits that are (or at any time were) payable under a Chapter 1 scheme to or in respect of a member, and

subject to subsection (4), and to any other provision of this Chapter to the contrary, for all other purposes.

any arrangements under a Chapter 1 scheme under which a member pays contributions to the scheme on a voluntary basis so as to secure additional benefits, or the earlier payment of benefits, under the scheme, or

any rights under a Chapter 1 scheme in respect of a transfer in to the scheme of an amount in respect of rights accrued under another pension scheme.

they are calculated by reference to P’s, or any other person’s, remediable service in an employment or office, and

they are benefits that, as a result of section 2(1)(a), P was not entitled to receive from the scheme.

as not having been paid to P by the Chapter 1 new scheme, but

as having been paid to P instead by the relevant Chapter 1 legacy scheme.

on or before the closing date, the person opted that their service in the employment or office in question should no longer be pensionable service under the Chapter 1 legacy scheme mentioned in subsection (1),

on the closing date, the rules of that scheme prohibited a person from becoming an active member of the scheme, and

on that date, the rules of another Chapter 1 legacy scheme for people in the employment, or holders of the office, in question did not include such a prohibition,

at that time, the rules of the Chapter 1 legacy scheme mentioned in subsection (1) prohibited a person from becoming an active member of the scheme, and

at that time, the rules of another Chapter 1 legacy scheme for people in the employment, or holders of the office, in question did not include such a prohibition,

the person never accrued pensionable service as mentioned in subsection (1), or

paragraphs (a) and (b) of subsection (2) apply, but no Chapter 1 legacy scheme falls within paragraph (c) of that subsection.

had been in that employment or a holder of that office, and

had met all other conditions as to eligibility (if any).

had been in that employment or a holder of that office, and

had met all other conditions as to eligibility (if any).

the section or provision of the scheme under which the person most recently accrued pensionable service (disregarding section 2(1)), or

if the person has not (disregarding section 2(1)) accrued pensionable service under the scheme, the section or provision under which the person would have accrued service if on 31 March 2012 the person had been in service in the employment or in the office in question, and had joined the scheme on that date.

the second condition in section 1 is treated as met in relation to the service (so that the service becomes “remediable service”), and

section 2(1)(b) applies to the service (so that the service is treated as pensionable service under the relevant Chapter 1 legacy scheme).

must be made before the end of the election period,

takes effect when it is made, and

is irrevocable.

the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of the member, or

such later time as the scheme manager considers reasonable in all the circumstances.

under which an election may be made in relation to a person’s relevant opted-out service only on the making of an application by or on behalf of the person;

under which an application by virtue of paragraph (a) may be refused unless a condition specified in the regulations is met;

requiring information to be provided before an election is made;

about the form and manner in which an election is to be made;

about who may make an election in relation to the service of a deceased member.

a condition relating to the reason why the person opted that the service to which the application relates should not be pensionable service (or did not opt that it should be pensionable service) under a Chapter 1 scheme;

in cases in which any assets and liabilities that are referable to pension contributions made by or on behalf of the person have been transferred out of a partnership pension account, a condition requiring the payment to the scheme of an amount in respect of the transfer.