The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023
S.R. 2023/141 · Made 21 September 2023 · Extends to Northern Ireland
Public Service Pensions
Made 21st September 2023
Coming into operation 1st October 2023
The Department of Finance makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(a), 2(1) (together with paragraph 1 of Schedule 2) and 3(1), (2)(a) (as read with paragraph 13 of Schedule 3) and (c) and (3) of the Public Service Pensions Act (Northern Ireland) 2014f1 (“the 2014 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) 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”).
In accordance with section 21(1) of the 2014 Act, the Department of Finance has consulted the representatives of such persons as appear to the Department of Finance likely to be affected by these Regulations.
To the extent required by section 27 of PSPJOA 2022, these Regulations are made in accordance with Treasury Directionsf3 made under that section.
Annotations to the whole text
Footnotes
- f1
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2014 c. 2 Section 3(1) was amended by section 94(12) of PSPJOA 2022, and section 3(2)(c) was inserted by section 94(13) of that Act.
- f2
- f3
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See section 38 of PSPJOA 2022 for the meaning of “Treasury Directions”, which includes directions given by the Department of Finance. The Public Service Pensions (Exercise of Powers, Compensation, and Information) Directions (Northern Ireland) 2023 were published on 26 January 2023 and are accessible online at https://www.finance-ni.gov.uk/publications/directions-made-under-public-service-pensions-and-judicial-offices-act-2022.
Contents
- Part 1: Introductory provisions
- 1Citation and commencement
- 2Interpretation
- 3Delegation
- Part 2: Remediable service statements
- 4Requirements relating to remediable service statements
- 4AVoidable remediable service statements
- Part 3: Decisions about the treatment of remediable service
- Chapter 1: Opted-out service elections
- 5Application and interpretation of Chapter 1
- 6Election in relation to PCSPS(NI) opted-out service
- Chapter 2: Immediate choice decision for alpha or PCSPS(NI) benefits
- 7Application of Chapter 2
- 8Immediate choice decision for alpha or PCSPS(NI) benefits: general
- 9Immediate choice decision: additional requirements
- 10Immediate choice decision: deemed section 6 election
- Chapter 3: Deferred choice decision for alpha or PCSPS(NI) benefits
- 11Application of Chapter 3
- 12Deferred choice decision for alpha or PCSPS(NI) benefits: general
- 13Deferred choice decision: when a deferred choice decision may be made
- 14Deferred choice decision: revocation
- 15Deferred choice decision: additional requirements
- Part 4: Provision about divorce and dissolution arrangements
- Chapter 1: Pension credit and pension debit members
- Application and interpretation of Chapter 1
- 16Application and interpretation of Chapter 1
- Pension sharing orders: information provided before 1st October 2023
- 17Application and interpretation of Section 2
- 18Meaning of “alternative amount”
- 19Information provided before 1st October 2023: calculating a remediable credit adjustment
- 20Information provided before 1st October 2023: applying a remediable credit adjustment
- 21Information provided before 1st October 2023: recalculating D’s reduction of benefit
- Information provided on or after 1st October 2023
- 22Application and interpretation of Section 3
- 23Information provided on or after 1st October 2023: calculation of pension credits and debits
- 24Information 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 order
- 25Arrangements other than a pension sharing order: calculating the value of pension benefits
- Part 5: Voluntary contributions
- Chapter 1: Added pension
- 26Interpretation of Chapter 1
- 27Lump sum purchase of added pension
- 28Periodic arrangements for alpha added pension
- 29PCSPS(NI) added pension: treatment on a section 6 or 10 election
- Chapter 2: Effective pension age
- 30Treatment of EPA rights
- Chapter 3: Treatment of remediable added pension rights
- 31Application and interpretation of Chapter 3
- 32Treatment of added pension rights under alpha
- 33Benefits already paid in relation to added pension rights
- 34Pension benefits and lump sum benefits in relation to remediable additional rights
- Chapter 4: Remedial arrangements to pay voluntary contributions to the PCSPS(NI)
- 35Remedial arrangements to pay voluntary contributions to secure EPA rights
- Part 6: Transfers
- Chapter 1: General
- 36Interpretation of Part 6
- 37Transferred out remediable service statements
- Chapter 2: Transfers on a cash equivalent basis
- Transfers before 1st October 2023
- 38Transfers out before 1st October 2023
- 39Transfers in before 1st October 2023
- Transfers on or after 1st October 2023
- 40Application of Section 2
- 41Transfers out on or after 1st October 2023
- Chapter 3: Transfers on a club basis
- Club transfers before 1st October 2023
- 42Club transfers out before 1st October 2023
- 43Club transfers in before 1st October 2023
- Club transfers on or after 1st October 2023
- 44Application of Section 2
- 45Club transfers out on or after 1st October 2023
- 46Club transfers in on or after 1st October 2023
- Interim payment of benefits in certain cases
- 47Interim payment of benefits in certain cases
- Chapter 4: Treatment of rights secured by virtue of a remediable value
- 48Application and interpretation of Chapter 4
- 49Transferred in remediable rights treated as being in the PCSPS(NI)
- 50Varying the value of benefits secured by virtue of transferred in remediable rights
- 51Benefits already paid in relation to transferred in remediable rights
- 52Pension benefits and lump sum benefits in relation to transferred in remediable rights
- Part 7: Provision about special cases
- Chapter 1: Ill-health retirement
- 53Application and interpretation of Chapter 1
- 54Whether M meets the IHR criteria in M’s alternative scheme
- 55Deferred choice members entitled to ill-health benefits in their alternative scheme only
- 56Remedy members entitled to ill-health benefits in their alternative scheme only
- 57Remedy members with provisional awards of ill-health pension
- 58Disapplication of certain requirements
- Chapter 2: Miscellaneous special cases
- 59Protection of the amount of pension in payment to an eligible child
- 60Modification of nomination rules for Section II members
- 61Aggregation of PCSPS(NI) membership
- 62Payment of annual allowance tax charges and provision of information
- 62ARecovery of injury or compensation scheme benefits
- 62BOpt-out period election
- 62CRetrospective ill-health retirement assessment under alpha
- 62DRetrospective ill-health retirement assessment under Section II
- 62ERecalculation of partial retirement pension under PCSPS(NI)
- 62FRecalculation of early retirement pension under PCSPS(NI)
- Part 8: Immediate detriment cases
- 63Treatment of immediate detriment cases
- Part 9: Liabilities and payment
- Chapter 1: Application of Part 9
- 64Application of Part 9
- Chapter 2: Interest, compensation and netting off
- 65Interest
- 66Indirect compensation
- 67Applications for compensation or indirect compensation
- 68Netting off
- Chapter 3: Reduction and waiver of liabilities
- 69Reduction of liabilities in relation to pension contributions
- 70Power to reduce or waive amounts owed by a person to the scheme manager
- 71Agreement to waive a liability owed by the scheme manager in respect of an immediate correction
- Chapter 4: Payment of net liabilities
- 72Application of Chapter 4
- 73Payment of amounts owed to the scheme manager
- 74Payment 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
- 13Option for scheme manager to be eligible decision-maker
- Explanatory note