Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 61.
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PART 7Provision about special cases
CHAPTER 2Miscellaneous special cases
Aggregation of PCSPS membership
61.
(1)
This regulation applies in relation to a remedy member (“M”)—
(a)
who left pensionable service under Section I, Section II or Section III (“the relevant Section”) before 1st April 2022,
(b)
who, during the period beginning with 1st April 2015 and ending at the end of 31st March 2022, began service (“subsequent service”) in an employment or office which was pensionable under alpha,
(c)
whose subsequent service would, but for a relevant breach of a non-discrimination rule, have been pensionable under the relevant Section, and
(d)
who would, had their subsequent service been pensionable under the relevant Section, have been entitled to exercise an aggregation option.
F1(1A)
Paragraphs (1B) and (1C) apply where—
(a)
M is a deferred choice member,
(b)
one of regulations 38, 41 or 42 of these Regulations applies in respect of M, and
(c)
a deferred choice decision has not been made.
(1B)
M may elect, in accordance with paragraph (1C), that M’s eligible remediable service is to be treated as if an aggregation option had been exercised in relation to that service.
(1C)
An election under paragraph (1B) is made in accordance with this paragraph where—
(a)
the scheme manager, on receipt of M’s application for a statement of entitlement, notifies M that M may make such an election, and
(b)
M gives notice to the scheme manager, in a form and manner determined by the scheme manager, of M’s decision to make such an election.
(2)
When making a relevant remedy decision, the relevant decision-maker may elect that M’s eligible remediable service is to be treated as if an aggregation option had been exercised in relation to that service.
(3)
An election under paragraph (2) may only be made and revoked in the same circumstances as the relevant remedy decision.
(4)
Where an election is made under F2paragraph (1B) or paragraph (2), M’s eligible remediable service is to be treated for all purposes as if the aggregation option had been exercised in relation to that service.
(5)
In this regulation—
“aggregation option” means—
(a)
where the relevant Section is Section I, an option in accordance with rule G.2, G.3 or G.4 of that Section;
(b)
where the relevant Section is Section II, an option in accordance with rule 3.35 of that Section;
(c)
where the relevant Section is Section III, an option in accordance with rule H.5 of that Section.
“eligible remediable service” means so much of M’s remediable service as was, immediately before 1st April 2022, service under alpha;
“relevant decision-maker” means, where M is—
(a)
an immediate choice member, the immediate choice decision-maker;
(b)
a deferred choice member, the deferred choice decision-maker;
“relevant remedy decision” means—
(a)
an immediate choice decision that no section 6 election is to be made in relation to M’s remediable service, or
(b)
a deferred choice decision that no section 10 election is to be made in relation to M’s remediable service.