Paragraph 29 Information provided before 1st October 2023: deferred choice – pension debitF1

(1)

This paragraph applies where D is a deferred choice member of this Scheme where—

(a)

D’s remediable relevant benefits under this Scheme are subject to a pension debit by virtue of a relevant pension sharing order,

(b)

a deferred choice decision has not been made or treated as made under this Schedule or the Schedule to the EDP 2005 Order in relation to D’s remediable service, and

(c)

paragraph 22 does not apply.

(2)

The Scheme manager must determine the appropriate amount under section 29(1)(a) of WRPA 1999 in relation to D’s remediable relevant benefits—

(a)

as if those remediable relevant benefits had been secured in this Scheme on the transfer day (“legacy remediable reduction amount”), and

(b)

as if those remediable relevant benefits had been secured in the reformed scheme on the transfer day (“reformed remediable reduction amount”).

(3)

The Scheme manager must adjust D’s pension account so that it is subject to a debit of the legacy remediable reduction amount in respect of D’s remediable relevant benefits.

(4)

For the purposes of sub-paragraph (2) the Scheme manager must have regard to—

(a)

the remediable relevant benefits on the valuation day as if they had been remediable relevant benefits secured—

(i)

in this Scheme on the transfer day, for sub-paragraph (2)(a);

(ii)

in the reformed scheme on the transfer day, for sub-paragraph (2)(b),

(b)

the percentage value or the amount to be transferred specified in the relevant pension sharing order in relation to the pension scheme in which remediable relevant benefits were accrued, disregarding the effect of section 2(1) of PSPJOA 2022, and

(c)

the provisions of sections 29 and 31 of WRPA 1999.

Annotations

Textual amendments

F1: Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2

Notes on Schedule 3

Modifications

C1: Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10