Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 62F.

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PART 7Provision about special cases

CHAPTER 2Miscellaneous special cases

F1Recalculation of early retirement pension under PCSPS62F.

(1)

This regulation applies in relation to a deferred choice member (“M”), where—

(a)

either—

(i)

all of M’s remediable service was in alpha, or

(ii)

M’s remediable service was mixed service,

(b)

M exercised an early retirement option under the PCSPS during M’s period of remediable service, and

(c)

M did not exercise an early retirement option under alpha during M’s period of remediable service.

(2)

The deferred choice decision-maker may make an election that the pensionable service in respect of which M exercised the early retirement option mentioned in paragraph (1)(b) be treated as if it included M’s remediable service up to and including the date on which that option was exercised.

(3)

Except where the scheme manager is the eligible decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a)

made by or on behalf of M,

(b)

in a form and manner determined by the scheme manager, and

(c)

received by the scheme manager during a period determined by the scheme manager.

(4)

The scheme manager may by written notice require the person making the application under paragraph (3) to provide in relation to the application such information which—

(a)

is within the person’s possession, or

(b)

the person may reasonably be expected to obtain.

(5)

As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—

(a)

determine whether an election under paragraph (2) may be made in relation to M, and

(b)

notify the person who made the application whether such an election may be made.

(6)

Where the scheme manager is the person who may make an election under paragraph (2), the scheme manager must, as soon as is reasonably practicable, determine whether to make such an election in relation to M.

(7)

The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service, have exercised an option under paragraph (2) in relation to M’s remediable service.

(8)

An election under paragraph (2) by—

(a)

a person other than the scheme manager is made when that person sends confirmation to the scheme manager that an election is to be made following receipt of the notification mentioned in paragraph (5);

(b)

the scheme manager is made at the time determined by the scheme manager.

(9)

Where an election under paragraph (2) is made, the scheme manager must adjust M’s subsequent early retirement pension payments under the PCSPS as if the pensionable service in respect of which M exercised an early retirement option under the PCSPS included M’s remediable service up to and including the date on which that option was exercised.

(10)

In this regulation, “early retirement option” means an option to receive immediate payment of a reduced pension before reaching normal pension age.