The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023
S.S.I. 2023/242 · Made 30 August 2023 · Extends to Scotland
Public Service Pensions
Made at 11.28 a.m. on 30th August 2023
Laid before the Scottish Parliament at 4.30 p.m. on 30th August 2023
Coming into force 1st October 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(f), 2(1) (together with paragraph 6(a) of schedule 2) and 3(1) and (2)(a) (together with paragraph 13 of schedule 3) and (c) and (3) of the Public Service Pensions Act 2013f1 (“the 2013 Act”) and sections 5(1) and (5), 6(1), 7(3), 8(1) and (3), 10(1), 11(1) and (5), 12(1) and (3), 18(1) to (3), (5), (6) and (8), 19(1), (4) and (5), 20(1), (4) and (5), 21, 22(1), (2) and (6), 24(1), 25(1) and (4), 26(1) and (2), 29(1), (7) and (8) and 31(2) and (3) of the Public Service Pensions and Judicial Offices Act 2022f2 (“PSPJOA 2022”).
To the extent required by section 27 of PSPJOA 2022, these Regulations are made in accordance with Treasury Directions made under that section.
In accordance with section 21(1) of the 2013 Act, the Scottish Ministers consulted the representatives of such persons as appeared to them likely to be affected by these Regulations.
Annotations to the whole text
Footnotes
- f1
-
2013 c. 25. Section 3(1) was amended by section 94(2) of PSPJOA 2022, and section 3(2)(c) was inserted by section 94(3) of that Act.
- f2
Contents
- Part 1: Introductory Provisions
- 1Citation and commencement
- 2Interpretation
- 3Delegation
- Part 2: Remediable service statements
- 4Requirements relating to remediable service statements
- Part 3: Decisions about the treatment of remediable service as a firefighter
- Chapter 1: Opted-out service elections
- 5Application and interpretation of Chapter 1
- 6Election in relation to opted-out service
- Chapter 2: Immediate choice decision for reformed scheme or legacy scheme benefits
- 7Application and interpretation of Chapter 2
- 8Immediate choice decision for reformed scheme or legacy scheme benefits
- 9Immediate choice decision: additional requirements
- 10Immediate choice decision: deemed section 6 election
- Chapter 3: Deferred choice decision for reformed scheme or legacy scheme benefits
- 11Application and interpretation of Chapter 3
- 12Deferred choice decision for reformed scheme or legacy scheme benefits: general
- 13Deferred choice decision to be made by M
- 14Deferred choice decision to be made by a person other than M
- 15Deferred choice decision: additional requirements
- 16Deferred choice election: deemed election
- Part 4: Provision about divorce and dissolution arrangements
- Chapter 1: Pension credit and pension debit members
- Application and interpretation of Chapter 1
- 17Application and interpretation of Chapter 1
- Pension sharings orders and agreements: information provided before 1 October 2023
- 18Application and interpretation of Section 2
- 19Meaning of “alternative amount”
- 20Information provided before 1 October 2023: calculating a remediable credit adjustment
- 21Information provided before 1 October 2023: applying a remediable credit adjustment
- 22Information provided before 1 October 2023: recalculating D’s reduction of benefit
- Information provided on or after 1 October 2023
- 23Application and interpretation of Section 3
- 24Information provided on or after 1 October 2023: calculation of pension credits and debits
- 25Information provided on or after 1st October 2023: recalculating D’s reduction of benefit
- Chapter 2: Arrangements on divorce, annulment or dissolution other than a pension sharing arrangement
- 26Arrangements other than a pension sharing arrangement: calculating the value of pension benefits
- Part 5: Voluntary contributions
- 27Treatment of reformed scheme added pension payments
- 28Treatment of legacy scheme added years payments
- 29Remedial arrangements to pay voluntary contributions to secure legacy scheme added years
- 30Disapplication of restriction on lump sum payments for reformed scheme added pension
- Part 6: Transfers
- Chapter 1: General
- 31Interpretation of Part 6
- 32Transferred out remediable service statements
- Chapter 2: Transfers on a cash equivalent basis
- Transfers before 1 October 2023
- 33Transfers out before 1 October 2023
- 34Transfers in before 1 October 2023
- Transfers on or after 1 October 2023
- 35Application of Section 2
- 36Transfers out on or after 1 October 2023
- 37Transfers in from a public service pension scheme on or after 1 October 2023
- Chapter 3: Transfers on a club basis
- Club transfers before 1 October 2023
- 38Club transfers out before 1 October 2023
- 39Club transfers in before 1 October 2023
- Club transfers on or after 1 October 2023
- 40Application of Section 2
- 41Club transfers out on or after 1 October 2023
- 42Club transfers in on or after 1 October 2023
- Variation of the club transfer application period
- 43Variation of the club transfer application period
- Chapter 4: Treatment of rights secured by virtue of a remediable value
- 44Application and interpretation of Chapter 4
- 45Remediable value treated as being in the legacy scheme
- 46Treatment of rights to benefits secured by virtue of a remediable value
- 47Benefits already paid in relation to transferred in remediable rights
- 48Pension benefits and lump sum benefits in relation to a remediable value
- Part 7: Provision about special cases
- Chapter 1: Ill-health retirement
- 49... Interpretation of Chapter 1
- 50M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme
- 51Entitlement to ill-health benefits where a remedy member’s legacy scheme is the 1992 scheme
- 51AEntitlement to ill-health benefits where a remedy member's legacy scheme is the 2007 scheme
- 52Assessment and reassessment of certain transitional ill-health cases
- 53Determining the value of M’s remediable ill-health benefits
- Chapter 2: Child pensions in payment
- 54Protection of the amount of pension payable to an eligible child
- 55Payment of annual allowance tax charges and provision of information
- Part 8: Liabilities and payment
- Chapter 1: Application of Part 8
- 56Application of Part 8
- Chapter 2: Interest, compensation and netting off
- 57Interest
- 58Indirect compensation
- 59Applications for compensation or indirect compensation
- 60Netting off
- Chapter 3: Reduction and waiver of liabilities
- 61Requirement to reduce liabilities by tax relief amounts
- 62Power to reduce or waive amounts owed by a person to the scheme manager
- 63Agreement to waive a liability owed by the scheme manager in respect of an immediate correction
- Chapter 4: Payment of net liabilities
- 64Application of Chapter 4
- 65Payment of amounts owed to the scheme manager
- 66Payment of amounts owed to a person
- Signature
- Schedule: Eligible decision-makers for deceased members
- 1Interpretation
- 2Sole beneficiary: an adult
- 3Sole beneficiary: a child
- 4Sole beneficiary: a body
- 5Sole beneficiary: M’s estate
- 6Multiple beneficiaries: including a surviving adult
- 7Multiple beneficiaries: including adult eligible children
- 8Multiple beneficiaries: nominated individuals only
- 9Multiple beneficiaries: non-adult eligible children
- 10Multiple beneficiaries: nominated children only
- 11Multiple beneficiaries: one or more adults and one or more children
- 12Other cases
- Explanatory note