Legislation – The National Health Service Pension Schemes (Remediable Service) Regulations 2023
Changes to legislation:
There are currently no known outstanding effects for The National Health Service Pension Schemes (Remediable Service) Regulations 2023, Section 2.
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PART 1General provisions
Interpretation
2.
(1)
In these Regulations—
“the 1995 Section” means the section of the legacy scheme set out in the 1995 Regulations;
“the 2008 Section” means the section of the legacy scheme set out in the 2008 Regulations;
“2015 scheme” means the National Health Service Pension Scheme for England and Wales set out in the 2015 Regulations;
“deferred choice member” has the meaning given in paragraph (4);
“designated person” has the meaning given in regulation 7(2);
“end of the deferred choice election period” means—
(a)
the end of the period of three months beginning with the day on which a remediable service statement is provided to the deferred choice member or, as the case may be, the designated person in accordance with regulation 6, or
(b)
such earlier or later time as the scheme manager considers reasonable in all the circumstances of the case,
which also meets the requirements of regulation 12(8);
“end of the immediate choice election period” means—
(a)
the end of the period of one year beginning with the day on which a remediable service statement is provided to the immediate choice member or, as the case may be, the designated person in accordance with regulation 6, or
(b)
such—
- (i)
later time as the scheme manager considers reasonable in all the circumstances of the case, or
- (ii)
earlier time as agreed by the scheme manager with the immediate choice member or the designated person;
“immediate choice member” has the meaning given in paragraph (2);
“legacy scheme” means the National Health Service Pension Scheme for England and Wales set out in the 1995 Regulations and the 2008 Regulations;
“lump sum benefit” means any benefit payable under the legacy scheme or the 2015 scheme by way of a lump sum;
“non-GP provider” has the same meaning as in Schedule 15 to the 2015 Regulations;
“pension benefit” means any benefit payable under the legacy scheme or the 2015 scheme otherwise than by way of a lump sum;
“relevant scheme year” means any of the seven scheme years beginning with 1st April 2015 to 31st March 2016 and ending with 1st April 2021 to 31st March 2022;
“remedy member” means a member who has pensionable service under the legacy scheme or the 2015 scheme that is remediable service;
“scheme manager” means—
(a)
the Secretary of State, or
(b)
where the Secretary of State has made arrangements for any of the functions and responsibilities as scheme manager under the 2015 Regulations to be performed on the Secretary of State’s behalf by another person pursuant to regulation 3(2) of those Regulations, that other person.
(2)
In these Regulations, “immediate choice member” means a remedy member who, immediately before 1st October 2023, was entitled to the present payment of a pension which—
(a)
is a pension under the legacy scheme or the 2015 scheme, and
(b)
is not a deferred choice pension.
(3)
In paragraph (2)(b), “deferred choice pension” means a pension the rate of which—
(a)
is not determined (to any extent) by reference to the member’s remediable service, and
(b)
is not affected by the coming into force of section 2(1) of PSPJOA 2022.
(4)
In these Regulations, “deferred choice member” means a remedy member who is not—
(a)
an immediate choice member, or
(b)
a deceased member.
(5)
(6)
For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of the legacy scheme and the 2015 scheme.
(7)
A term used in these Regulations which—
(a)
is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and
(b)
is not defined differently in these Regulations,
has the meaning given in, or for the purposes of, that provision.