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 28.
Changes to Legislation
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PART 5Divorce or the dissolution of a civil partnership
Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members
28.
(1)
This regulation applies to a corresponding pension debit member (“DM”) where—
(a)
DM is an immediate choice member or a remedy member who died before 1st October 2023, and
(b)
(2)
Paragraph (3) applies where—
(a)
DM or, where DM has died after the transfer day, the designated person does not make an immediate choice election for 2015 scheme benefits under regulation 9 before the end of the immediate choice election period and such an election is not treated by the scheme manager as having been made in accordance with regulation 9(6);
(b)
DM has remediable service that is pensionable service under the legacy scheme by virtue of section 2(1) of PSPJOA 2022; and
(c)
DM is subject to a debit of the appropriate amount under the 2015 scheme in respect of remediable service shareable rights—
(i)
at or before the operative time, or
(ii)
after the operative time,
(3)
Where this paragraph applies, all DM’s debit of the appropriate amount under the 2015 scheme in respect of remediable service shareable rights—
(a)
becomes a debit of the appropriate amount under the legacy scheme, and
(b)
is adjusted to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the legacy scheme on the transfer day.
(4)
Paragraph (3) has effect—
(a)
at the operative time, where paragraph (2)(c)(i) applies, or
(b)
on such later date as the scheme manager considers reasonable in all the circumstances of the case.
(5)
Where paragraph (2)(c)(ii) applies, the scheme manager must send a notice in writing to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme that DM would have had under the legacy scheme on the transfer day.
(6)
The scheme manager must send the notice mentioned in paragraph (5) within one month beginning with the day after paragraph (3) has effect in accordance with paragraph (4).