Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
Changes to legislation:
There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 59.
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 7Provision about special cases
CHAPTER 2Miscellaneous special cases
Protection of the amount of pension in payment to an eligible child
59.
(1)
This regulation applies where—
(a)
immediately before 1st October 2023, a pension (a “child pension”) is in payment to an eligible child (“E”) in respect of the remediable service of a deceased member (“M”),
(b)
there is a surviving adult (“S”) in relation to the deceased member,
(c)
E is not in the care of S, and
(d)
S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the rate of the child pension payable to E in respect of M’s remediable service.
(2)
Where this regulation applies—
(a)
E does not owe the scheme manager a liability under section 14(3) of PSPJOA 2022 in respect of the child pension, and
(b)
the rate of the child pension continues to be the rate that was payable before the immediate choice decision was made.