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The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/132 · Made 7 September 2023 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 18 June 2025.

Health And Personal Social Services

Public Service Pensions

Made 7th September 2023

Coming into operation  - - 1st October 2023

The Department of Health makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(e), 2(1) and 3(1), (2)(b) and (c) of and paragraph 5 of Schedule 2 to the Public Service Pensions Act (Northern Ireland) 2014 (“the 2014 Act”)f1 and sections 5(1), (5) and 6(a), 6(1), 7(3), 8, 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), (2), (4) and (5)(a) and (b), 21 (1)(a), (b) and (e), and (2) to (5), 22(1), (2) (c), (d), (e), (i) and (j) and (6), 23(1), 24(1),25 (1) and (4), 26(1) and (2)(a) to (c), 29(1), (7) and (8), 31(2) and (3) and 37(2) of the Public Service Pensions and Judicial Offices Act 2022f2 (“PSPJOA 2022”).

In accordance with section 3(5) of the 2014 Act, these Regulations are made with the consent of the Department of Finance.

In accordance with section 21(1) of the 2014 Actf3, the Department of Health has consulted such persons or the representatives of such persons as appear to the Department likely to be affected by these Regulations.

In accordance with section 27(1) of PSPJOA 2022, the powers conferred by sections 18 to 26 of that Act are exercised in accordance with Department of Finance directionsf4.

Annotations to the whole text

Footnotes

f1

2014 c. 2. (NI)

f2

2022 c. 7.

f3

Section 21 has been amended by section 94(16) of PSPJOA 2022.

f4

The Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023 which came into operation on 9th February 2023.

Contents

  1. Part 1: General provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Remediable service
  5. 3Pension contributions of medical practitioners and non-GP providers: deferred choice members (immediate correction)
  6. 4Pension contributions of medical practitioners and non-GP providers: immediate choice members and deceased members
  7. 5Pension contributions of medical practitioners and non-GP providers: deferred choice members
  8. 6Remediable service statements
  9. Part 3: Elections
  10. 7Eligibility to make an election: designated persons
  11. 8Election for retrospective provision to apply to opted-out service
  12. 9Election for 2015 scheme benefits: immediate choice members and deceased members
  13. 10Pension benefits and lump sum benefits: immediate choice members and deceased members
  14. 11Continuation of pensions: immediate or deferred choice election: dependent and eligible children of a remedy member
  15. 12Election for 2015 scheme benefits: deferred choice members and deceased members
  16. 13Pension benefits and lump sum benefits: deferred choice election: pensioner and deceased members
  17. Part 4: Voluntary contributions
  18. 14Interpretation of Part 4
  19. 15Elections to pay contributions for additional pension: where they must be treated as if paid under a corresponding option exercised under the 1995 Regulations or the 2008 Regulations
  20. 16Treatment of contributions paid after 31st March 2022 under a corresponding option exercised in accordance with regulation 15(2)(b)
  21. 17Treatment of a corresponding option exercised in accordance with regulation 15 on the making of a deferred choice election for 2015 scheme benefits under regulation 12
  22. 18Treatment of buy-out contributions made under 2015 regulation 47: deferred choice members
  23. 19Treatment of additional contributions made under the legacy scheme: deferred choice members
  24. 20Treatment of additional contributions made under the legacy scheme: immediate choice members and deceased members
  25. 21Treatment of additional contributions made under the 2015 scheme: immediate choice members and deceased members
  26. 22Treatment of buy-out contributions made under 2015 regulation 47: immediate choice members and deceased members
  27. 23Remedial arrangements to pay voluntary contributions to secure legacy scheme additional pension
  28. 24Revocation of cancellation of arrangement or option to secure legacy scheme additional service or additional pension
  29. Part 5: Divorce or the dissolution of a civil partnership
  30. 25Interpretation of Part 5
  31. 26Pension debits: valuation of pension benefits before 1st October 2023: deferred choice members (immediate alternative debit of appropriate amount)
  32. 27Pension debits: valuation of pension benefits before 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members and deceased members
  33. 28Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members
  34. 29Pension debits: deferred choice election for 2015 scheme benefits: deferred choice members
  35. 30Valuation of pension benefits on or after 1st October 2023
  36. 31Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members
  37. 32Pension debits: valuation of pension benefits on or after 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members
  38. 33Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme only or the 2015 scheme only
  39. 34Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme and the 2015 scheme
  40. 35Pension credits: pensioner and deceased relevant pension credit members
  41. 36Pension credits: valuation of pension benefits on or after 1st October 2023: creation of a pension credit
  42. Part 6: Transfers
  43. 37Interpretation of Part 6
  44. 38Treatment of transfer and transfer value payments made to the 1995 Section or the 2008 Section that are not made under public sector transfer arrangements
  45. 39Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as transfer payments under the 1995 Section or transfer value payments under the 2008 Section: deferred choice members
  46. 40Transfer value payments in accordance with regulation 39: variation of the member’s rights on the making of a deferred choice election
  47. 41Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as if accepted under the legacy scheme: immediate choice members and deceased members
  48. 42Treatment of transfer and transfer value payments and statements accepted from other and corresponding health service schemes
  49. 43Transferred out remediable service statements
  50. 44Remediable transfer value payments made before 1st October 2023
  51. 45Remediable transfer value payments made on or after 1st October 2023 that are not made under public sector transfer arrangements
  52. 46Transfers of remediable rights in the legacy scheme to the 2015 scheme before 1st October 2023
  53. 47Transfers of remediable rights in the legacy scheme to the 2015 scheme on or after 1st October 2023
  54. 48Remediable transfer value payments accepted from other public service schemes but not accepted under the public sector transfer arrangements
  55. 49Remediable club transfer value payments made before 1st October 2023
  56. 50Remediable club transfer value payments made on or after 1st October 2023
  57. 51Remediable club transfer value payments accepted before 1st October 2023
  58. 52Remediable club transfer value payments accepted on or after 1st October 2023
  59. 53Application and interpretation of regulations 54 to 56
  60. 54Transferred in remediable rights treated as rights under the legacy scheme
  61. 55Varying the value of benefits secured by virtue of transferred in remediable rights
  62. 56Benefits already paid in relation to transferred in remediable rights
  63. Part 7: Taxation
  64. 57Interpretation of Part 7
  65. 58Scheme administrator to be liable where private sector scheme administrator’s liability is discharged
  66. 59Scheme pays
  67. Part 8: Compensation
  68. 60Applications for compensation or indirect compensation
  69. 61Indirect compensation
  70. Part 9: Interest and the payment, reduction or waiver of liabilities
  71. 62Application and interpretation of Part 9
  72. 63Interest and process
  73. 64Interest not payable under the 1995 Regulations or the 2008 Regulations
  74. 65Netting off of liabilities
  75. 66Payments of amounts owed to the scheme
  76. 67Payments of amounts owed to a person
  77. 68Power to reduce or waive amounts owed by a person to the legacy scheme
  78. Part 10: Revocation of election to convert pensionable service under the legacy scheme
  79. 69Option to revoke election to convert pensionable service under the legacy scheme
  80. Part 11: Retirement pensions
  81. 70Premature retirement in the interests of efficiency
  82. 71Premature retirement on grounds of redundancy
  83. 72Partial retirement: immediate choice members
  84. 73Partial retirement: deferred choice members
  85. 74Determining whether a member meets the ill-health criteria in each scheme
  86. 75Ill-health pension: acceptance of retrospective applications
  87. Part 12: Consequential amendments
  88. 76Consequential amendments of the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations
  89. Signature
  90. Schedule: Amendments of the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations
  91. 1Amendment of the 1995 Regulations
  92. 2Amendment of the 2008 Regulations
  93. 3Amendment of the 2015 Transitional Regulations
  94. Explanatory note