OpenLegislation

The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/122 · Made 17 August 2023 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 22 July 2024.

Public Service Pensions

Made 17th August 2023

Coming into operation 1st October 2023

The Department of Justice makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(g), 2(1), (together with paragraph 7 of Schedule 2) and 3(1), (2)(a) (together 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 of the 2014 Act, the Department of Justice has consulted the representatives of such persons as appear to the Department likely to be affected by these Regulations.

In accordance with section 3(5) of the 2014 Act, the Department of Financef3 has consented to the making of these Regulations.

To the extent required by section 27 of PSPJOA 2022, these Regulations are made in accordance with Treasury directions made under that sectionf4.

Annotations to the whole text

Footnotes

f1

2014 c. 2 (N.I). Section 3(1) was amended by section 94(2) of the Public Service Pensions and Judicial Offices Act 2022 (PSPJOA 2022) and section 3(2) was inserted by section 94(3) of that Act.

f2

2022 c. 7.

f3

Departments Act (Northern Ireland) 2016 c. 5 (N.I). Section 1(4) renamed the Department of Finance and Personnel as the Department of Finance.

f4

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

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Delegation
  5. Part 2: Remediable service statements
  6. 4Requirement relating to remediable service statements
  7. Part 3: Decisions about the treatment of remediable police service
  8. Chapter 1: Opted-out service elections
  9. 5Application and interpretation of Chapter 1
  10. 6Election in relation to opted-out service
  11. Chapter 2: Immediate choice decision for reformed scheme or legacy scheme benefits
  12. 7Application and interpretation of Chapter 2
  13. 8Immediate choice decision for reformed scheme or legacy scheme benefits: general
  14. 9Immediate choice decision: additional requirements
  15. 10Immediate choice decision: deemed section 6 election
  16. Chapter 3: Deferred choice decision for reformed scheme or legacy scheme benefits
  17. 11Application and interpretation of Chapter 3
  18. 12Deferred choice decision for reformed scheme or legacy scheme benefits: general
  19. 13Deferred choice decision to be made by M
  20. 14Deferred choice decision to be made by a person other than M
  21. 15Deferred choice decision: additional requirements
  22. 16Deferred choice decision: deemed section 10 election
  23. Part 4: Provision about divorce and dissolution arrangements
  24. Chapter 1: Pension credit and pension debit members
  25. Application and interpretation of Chapter 1
  26. 17Application and interpretation of Chapter 1
  27. Pension sharing orders: information provided before 1st October 2023
  28. 18Application and interpretation of Section 2
  29. 19Meaning of “alternative amount”
  30. 20Information provided before 1st October 2023: calculating a remediable credit adjustment
  31. 21Information provided before 1st October 2023: applying a remediable credit adjustment
  32. 22Information provided before 1st October 2023: recalculating D’s reduction of benefit
  33. Information provided on or after 1st October 2023
  34. 23Application and interpretation of Section 3
  35. 24Information provided on or after 1st October 2023: calculation of pension credits and debits
  36. 25Information provided on or after 1st October 2023: recalculating D’s reduction of benefit
  37. Chapter 2: Arrangements on divorce: annulment or dissolution other than a pension sharing order
  38. 26Arrangements other than a pension sharing order: calculating the value of pension benefits
  39. Part 5: Voluntary contributions
  40. 27Treatment of reformed scheme added pension payments
  41. 28Treatment of legacy scheme added years payments
  42. 29Remediable arrangements to pay voluntary contributions to secure legacy scheme added years
  43. 30Disapplication of restriction on lump sum payments for reformed scheme added pension
  44. Part 6: Transfers
  45. Chapter 1: General
  46. 31Interpretation of Part 6
  47. 32Transferred out remediable service statements
  48. Chapter 2: Transfers on a cash equivalent basis
  49. Transfers before 1st October 2023
  50. 33Transfers out before 1st October 2023
  51. 34Transfers in before 1st October 2023
  52. Transfers on or after 1st October 2023
  53. 35Application of Section 2
  54. 36Transfers out on or after 1st October 2023
  55. 37Transfers in from a public service pension scheme on or after 1st October 2023
  56. Chapter 3: Transfers on a club basis
  57. Club transfers before 1st October 2023
  58. 38Club transfers out before 1st October 2023
  59. 39Club transfers in before 1st October 2023
  60. Club transfers on or after 1st October 2023
  61. 40Application of Section 2
  62. 41Club transfers out on or after 1st October 2023
  63. 42Club transfers in on or after 1st October 2023
  64. Variation of the club transfer application period
  65. 43Variation of the club transfer application period
  66. Chapter 3A: Transfers on a non-club basis
  67. 43ANon-club transfers in
  68. Chapter 4: Treatment of rights secured by virtue of a remediable value
  69. 44Application and interpretation of Chapter 4
  70. 45Remediable value treated as being in the legacy scheme
  71. 46Treatment of rights to benefits secured by virtue of a remediable value
  72. 47Benefits already paid in relation to transferred in remediable rights
  73. 48Pension benefits and lump sum benefits in relation to a remediable value
  74. Part 7: Provision about special cases
  75. Chapter 1: Ill-health retirement
  76. 49Application and interpretation of Chapter 1
  77. 50M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme
  78. 51Deciding whether a 1988 IHR member is entitled to an upper tier award
  79. (51A)Determining the value of M’s remediable ill-health benefits
  80. Chapter 2: Miscellaneous special cases
  81. 52Protection of the amount of pension payable to an eligible child
  82. 53Payment of annual allowance tax charges and provision of information
  83. 54Elections for non-pensionable payment instead of temporary pay
  84. Part 8: Immediate detriment cases
  85. 55Treatment of immediate detriment cases
  86. Part 9: Liabilities and payment
  87. Chapter 1: Application of Part 9
  88. 56Application of Chapters 1, 2 and 3
  89. Chapter 2: Interest, compensation and netting off
  90. 57Interest
  91. 58Indirect compensation
  92. 59Applications for compensation or indirect compensation
  93. 60Netting off
  94. Chapter 3: Reduction and waiver of liabilities
  95. 61Requirement to reduce liabilities by tax relief amounts
  96. 62Power to reduce or waive amounts owed by a person to the scheme manager
  97. 63Agreement to waive a liability owed by the scheme manager in respect of an immediate correction
  98. Chapter 4: Payment of net liabilities
  99. 64Application of Chapter 4
  100. 65Payment of amounts owed to the scheme manager
  101. 66Payment of amounts owed to a person
  102. Signature
  103. Schedule: Eligible decision-makers for deceased members
  104. 1Interpretation
  105. 2Sole beneficiary: an adult
  106. 3Sole beneficiary: a child
  107. 4Sole beneficiary: a body
  108. 5Sole beneficiary: M’s estate
  109. 6Multiple beneficiaries: including a surviving adult
  110. 7Multiple beneficiaries: including adult eligible children
  111. 8Multiple beneficiaries: nominated individuals only
  112. 9Multiple beneficiaries: non-adult eligible children
  113. 10Multiple beneficiaries: nominated children only
  114. 11Multiple beneficiaries: one or more adults and one or more children
  115. 12Other cases
  116. Explanatory note