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 31.
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PART 5Divorce or the dissolution of a civil partnership
Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members
31.
(1)
This regulation applies to a corresponding pension debit member (“DM”) where—
(a)
DM is an immediate choice member, and
(b)
on or after 1st October 2023, the scheme manager provides an aggregated legacy scheme valuation of pension benefits determined under regulation 30(3)(a) taking into account the higher of the two valuations determined under regulation 30(4).
(2)
Paragraph (3) applies where—
(a)
DM or, where DM has died after the transfer day, the designated person makes an immediate choice election for 2015 scheme benefits under regulation 9 (election for 2015 scheme benefits: immediate choice members and deceased members) or such an election is treated by the scheme manager as having been made in accordance with regulation 9(6), and
(b)
DM is subject to a debit of the appropriate amount under the legacy 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, the scheme manager must adjust all DM’s debit of the appropriate amount under the legacy scheme in respect of remediable service shareable rights to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the 2015 scheme on the transfer day.
(4)
Paragraph (3) has effect—
(a)
where paragraph (2)(b)(i) applies, at the operative time;
(b)
where paragraph (2)(b)(ii) applies, immediately after DM is subject to a debit of the appropriate amount in respect of remediable service shareable rights; or
(c)
on such later date as the scheme manager considers reasonable in all the circumstances of the case.
(5)
Where paragraph (2)(b)(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 2015 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 (3) has effect in accordance with paragraph (4)(b) or (c).