The Public Service (Civil Servants and Others) Pensions Regulations 2014
S.I. 2014/1964 · Made 23 July 2014 · Extends to United Kingdom
Public Service Pensions
Made 23rd July 2014
Laid before Parliament 24th July 2014
Coming into force in accordance with regulation 1(2) and (3)
The Minister for the Civil Service makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(a)f1, 2(1), 3(1), (2), (3)(a) and (c), 4(3) and (6) as read with section 4(1), 5(2)(c) as read with section 5(1), 18(5A)f2, 8(1)(a)f3, 12(6) and (7)f4, 18(5), (6) and (7), 25(3), paragraph 1 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to the Public Service Pensions Act 2013f5.
In accordance with section 21 of that Act, the Minister for the Civil Service has consulted the representatives of such persons as appear to the Minister likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.C1
Annotations to the whole text
Modifications
- C1
Regulations applied in part (with modifications) (1.4.2016) by The Civil Service (Other Crown Servants) Pension Scheme Regulations 2016 (S.I. 2016/326), regs. 1(2), 9, 10 (as amended: (with effect in accordance with reg. 1(2) of the amending S.I.) by S.I. 2019/906, regs. 1(2), 6, 7; (1.4.2020) by S.I. 2020/225, regs. 1(2), 3; and (1.4.2022) by S.I. 2022/334, regs. 1(2), 2(4))
Footnotes
- f1
-
See also section 1(3) and Schedule 1.
- f2
-
Section 18(5A) is inserted by the Pensions Act 2014 (c.19), section 52.
- f3
-
See also section 8(2)(a) and (4).
- f4
-
See also section 12(1) to (3) and (5): coming into force on 1st April 2015.
- f5
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- 2AActive Membership
- 2BConnected Schemes
- 2CPartnership Pension Account
- Part 2: Establishment of scheme
- 3Establishment and scope
- Part 3: Governance
- 4Scheme manager
- 5Delegation
- 6Civil Service Pension Board: establishment
- 7Civil Service Pension Board: membership
- 8Civil Service Pension Board: conflicts of interest
- 9Payment of fees and expenses
- 10Scheme advisory board: establishment
- 11Scheme advisory board: membership
- 12Scheme advisory board: conflicts of interest
- Part 4: Scheme membership
- Chapter 1: Eligibility for active membership
- 13Scheme employment
- 14Eligible persons
- 15Service in 2 or more scheme employments
- 16Fair Deal eligible persons
- Chapter 2: Pensionable service
- 17Application of Chapter
- 18Interpretation of Chapter
- 19Automatic enrolment
- 20Opting into this scheme
- 21When does an option in take effect
- 22Automatic re-enrolment
- 23Opting out of this scheme
- 24Opting out before the end of one month
- 25Opting out after one month
- Chapter 3: Pensionable earnings
- 26Pensionable earnings
- 27Meaning of “assumed pay”
- Chapter 4: Deferred membership
- 28Meaning of “deferred member”
- Part 5: Pension accounts
- Chapter 1: Preliminary
- 29Descriptions of accrued pension
- 30Descriptions of full retirement pension
- 31Descriptions of partial retirement pension
- Chapter 2: Calculation of adjustments
- 32Calculation of “retirement index adjustment”
- 32AModification of the retirement index adjustment
- 33Determination of “the age addition”
- 34Determination of “the assumed age addition”
- Chapter 3: Calculation of accrued pension
- 35Calculation of amount of accrued pension for purpose of deferment or full retirement
- 36Calculation of amount of accrued pension for purpose of partial retirement
- Chapter 4: Pension accounts: general
- 37Establishment of pension accounts: general
- 38Closure and adjustment of pension accounts on transfer out
- Chapter 5: Active member’s account
- 39Application of Chapter
- 40Establishment of active member’s account
- 41Receipt of a transfer value payment
- 42Receipt of a club transfer value payment
- 43Amount of pension for a scheme year
- 44Opening balance, index adjustment and age addition
- 45Closure of active member’s account
- Chapter 6: Deferred member’s account
- 46Application of Chapter
- 47Establishment of deferred member’s account
- 48Provisional amount of deferred pension
- 49Adjustment of provisional amount
- 50Closure of deferred member’s account after gap in pensionable service not exceeding 5 years
- Chapter 7: Full retirement account
- 51Establishment of full retirement account
- 52Amount of full retirement pension
- 53Closure of full retirement account
- Chapter 8: Partial retirement account
- 54Establishment of partial retirement account
- 55Amount of partial retirement pension
- Chapter 9: Pension accounts for pension credit members
- 56Establishment of pension credit member’s account
- 57Other pension accounts
- Part 6: Retirement benefits
- Chapter 1: General
- 58Application of Part
- 59Qualifying service
- Chapter 2: Full retirement benefits
- 60Entitlement to full retirement pension
- 61Annual rate of full retirement pension (active members)
- 62Annual rate of full retirement pension (deferred members)
- 63Full retirement pension ceases to be payable
- Chapter 3: Partial retirement benefits
- 64Exercise of partial retirement option
- 65Partial retirement option notice
- 66Option proportion
- 67Entitlement to partial retirement pension or full retirement pension
- 68Annual rate of partial retirement pension
- 69Annual rate of full retirement pension
- Chapter 4: Ill-health benefits
- 70Meaning of “permanent breakdown in health”
- 71Meaning of “incapacity for employment” and “total incapacity for employment”
- 72Meaning of “lower tier payment threshold”
- 73Meaning of “upper tier payment threshold”
- 73APayment thresholds: further interpretation
- 74Entitlement to ill-health pension
- 75Provisional award of ill-health pension
- 76Annual rate of ill-health pension
- 77Periodical review of entitlement to upper tier top up earned pension
- 78Deferment of accrued earned pension attributable to a transfer payment
- 79Deferment of added pension attributable to recent payments
- Chapter 5: Payment options
- 80Options under this Chapter
- 81Exercising an option under this Chapter
- 82Option to buy out early payment reduction
- 82AOption to partially buy out early payment reduction
- 83Option to defer payment of added pension
- 84Option to commute part of pension
- 85Option to commute whole of member’s accrued pensions (serious ill-health)
- Chapter 6: Allocation of part of pension
- 86Allocation election
- 87Restriction on total amount of pension that may be allocated
- 88Making an allocation election
- 89Effect of allocation election
- 90Adjustment of allocated benefit (members who have reached the age of 75)
- Part 7: Benefits for pension credit members
- 91Entitlement to pension credit member’s pension
- 92Claim for early payment
- 93Annual rate of pension credit member’s pension
- 94Option to buy out early payment reduction
- 95Reduction in pension debit member’s benefits
- 96Pension credit member’s rights
- 97Option for pension credit member to commute part of pension
- 98Option for pension credit member to commute whole pension (serious ill-health)
- 99Application of Part to pension adjustment orders
- Part 8: Death benefits
- Chapter 1: Pensions for surviving adults
- 100Surviving adults
- 101Meaning of “surviving partner”
- 102Meaning of “surviving adult’s pension”
- 103Meaning of “dependant’s earned pension”
- 104Meaning of “dependant’s lower tier earned pension”
- 105Meaning of “dependant’s upper tier top up earned pension”
- 106Meaning of “dependant’s added pension”
- 107Entitlement to surviving adult’s pension
- 108Annual rate of surviving adult’s pensions payable on death of pensioner member
- 109Annual rate of surviving adult’s pensions payable on death of deferred member
- 110Annual rate of surviving adult’s pensions payable on death of active member (death in service)
- 111Reduction in pensions in cases of wide age disparity
- Chapter 2: Pensions for eligible children
- 112Meaning of “eligible child’s pension”
- 113Meaning of “eligible child”
- 114Eligible child’s pension
- 115Annual rate of eligible child’s pension
- Chapter 3: Payment of pensions for surviving adults and eligible children
- 116Payment of pensions under this Part
- 117Suspension and recovery of pensions paid under this Part
- 118Provisional awards of eligible child’s pensions: later adjustments
- 119Adjustment of benefits to comply with FA 2004 where members die over 75
- 120Guaranteed minimum pensions for surviving spouses and civil partners
- Chapter 4: Payment of lump sum death benefits
- 121Payment of lump sum death benefit
- 122Nominations for lump sum death benefits
- 123Invalid nominations of individuals
- 124Payment of lump sum death benefit to nominees or personal representatives
- 125Pension protection lump sum death benefit
- 126Recovery of payments
- 127Payment of pension instead of lump sum for members who have reached 75
- Chapter 5: Amount of lump sum death benefits
- 128Meaning of “final pay”
- 129Meaning of “annualised final pay”
- 130Amount payable on death of active member (death in service)
- 131Amount payable on death of deferred member or pensioner member (death out of service)
- 132Amount payable on death of pension credit member
- 133Amount payable under court order to former spouse or civil partner
- Part 9: Contributions
- 134Rate of member contributions
- 135Amount of pensionable earnings
- 136Payment of member contributions
- 137Employers’ contributions
- 138Deduction of payments for extra pension under Schedule 1
- 139Refund of all member contributions and payments for extra pension made by the member
- Part 10: Transfers
- Chapter 1: Preliminary
- 140Application of Part
- 141Interpretation in relation to Part
- Chapter 2: Transfers out
- 142Transfer payments made to other schemes or pension arrangements
- 143Application for a statement of entitlement
- 144Statement of entitlement
- 145Request for transfer payment to be made
- 146Calculating the amount of a transfer value or club transfer value
- 147Effect of a transfer out
- Chapter 3: Transfers in
- 148Application of Chapter
- 149Interpretation of Chapter
- 150Request for acceptance of a transfer payment
- 151Transfer statement
- 152Amount of transferred pension
- 153Club transfer value statement
- 154Amount of club transfer earned pension
- Chapter 4: Bulk transfers
- 155Bulk transfers out
- 156Bulk transfers in
- Chapter 5: Miscellaneous transfers
- 157EU and overseas transfers
- Part 11: Actuarial valuations and employer cost cap
- 158Appointment of scheme actuary and actuarial valuations
- 159Employer cost cap
- Part 12: Supplementary
- Chapter 1: Dual capacity members
- 160Meaning of “dual capacity member”
- 161Payment of benefits to or in respect of a dual capacity member
- Chapter 2: Payment of benefits: general
- 162Late payment of retirement index adjustment
- 163Commutation of small pensions
- 164Guaranteed minimum pensions
- Chapter 3: Forfeiture and set-off
- 165Forfeiture: offences committed by members
- 166Forfeiture: offences committed by a member’s beneficiary
- 167Forfeiture: relevant monetary obligations and relevant monetary losses
- 168Set-off
- 169Forfeiture and set-off: procedure and appeals
- Chapter 4: Payment and deduction of tax
- 170Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004
- 171Payment on behalf of members of lifetime allowance charge
- 172Reduction of benefits where lifetime allowance charge payable
- 173Information about payment of annual allowance charge
- 174Reduction of benefits where annual allowance charge paid by scheme manager
- Chapter 5: General
- 175General prohibition on unauthorised payments
- 176Calculation of periods of membership and service
- 177Determination of questions
- 178Evidence of entitlement
- 179Provision of benefit information statements to members
- 180Information to be provided by employers
- 181Protections for the scheme in relation to employers of Fair Deal eligible persons
- 182Transitional provisions
- 183Ill-health benefits for persons who have a partnership pension account
- 184Death benefits in respect of persons who have a partnership pension account
- Signature
- Schedule 1: Payments for extra pension
- Part 1: General
- 1Interpretation
- 2Meaning of “amount of extra pension”
- 3Meaning of “overall limit of extra pension”
- 4Limit on elections
- 5Amount of accrued added pension may not exceed overall limit of extra pension
- 6Actuarial advice
- Part 2: Payments for added pension
- Chapter 1: Exercising the added pension option
- 7Added pension option exercisable by member
- 8Added pension option exercisable by employer or third party
- Chapter 2: Periodical payments for added pension
- 9Application of Chapter
- 10Member’s option to make periodical payments for added pension
- 11Cancellation of option by member
- 12Periodical payments
- 13Amount of added (self only) pension for a scheme year (periodical payments)
- 14Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
- Chapter 3: Lump sum payments for added pension made by member
- 15Application of Chapter
- 16Member’s option to make a lump sum payment for added pension
- 17Payment by lump sum from a compensation scheme
- 18Statement of amount of added pension
- 19Amount of added (self only) pension (lump sum payment)
- 20Amount of added (all beneficiaries) pension (lump sum payment)
- Chapter 4: Lump sum payments for added pension made by employer or third party
- 21Application of Chapter
- 22Employer or third party option to make a lump sum payment for added pension
- 23Amount of added (self only) pension (lump sum payment)
- 24Amount of added (all beneficiaries) pension (lump sum payment)
- Part 3: Effective pension age payments
- Chapter 1: Exercising the effective pension age option
- 25Effective pension age option exercisable by the member
- 26Exercising the effective pension age option
- 27Payment of pension at effective pension age
- 28Member ceases to be in pensionable service under this scheme
- 29Cancellation of option
- 30Value of an effective pension age option
- Chapter 2: Making effective pension age payments
- 31Amount of periodical payments
- 32Periodical payment period
- 33Periodical payments during period of assumed pay
- Part 4: Enhanced effective pension age payments
- Chapter 1: Eligibility for enhanced effective pension age option
- 34Eligibility
- 35Opting for enhanced effective pension age of 60
- 36Opting for enhanced effective pension age of 65
- Chapter 2: Exercising the enhanced effective pension age option
- 37Exercise of option
- 38Payment of pension at enhanced effective pension age
- 39Member ceases to be in pensionable service in an eligible employment
- 40Cancellation of option
- 41Determining the value of an enhanced effective pension age option
- Chapter 3: Making enhanced effective pension age payments
- 42Amount of periodical payments
- 43Periodical payment period
- 44Making periodical payments during period of assumed pay
- Schedule 2: Transitional provisions
- Part 1: General
- 1Interpretation - general
- 2Meaning of “continuity of service”
- 3Meaning of “tapered protection closing date”
- 4Meaning of “active member of the PCSPS”
- 5Meaning of “active member of an existing scheme”
- 6Meaning of “active member of an existing public body pension scheme”
- 7Commencement of active membership of this scheme Repealed
- Part 2: Exceptions to section 18(1) of the Act: full protection members of the PCSPS
- 8Interpretation of Part
- 9Full protection members of the PCSPS
- 10Exception for full protection members during protection period
- 11Full protection member not eligible to join this scheme
- 12Members of the PCSPS on scheme closing date
- 13Pre-fresh start prison officers
- 14Members of an existing scheme
- 15Members of an existing public body pension scheme
- 16Fair Deal eligible persons transferred out on or before 31st March 2012
- 17Fair Deal eligible persons transferred out after 31st March 2012
- Part 3: Exceptions to section 18(1) of the Act: tapered protection members of the PCSPS
- 18Interpretation of Part
- 19Tapered protection members of the PCSPS
- 20Exception for tapered protection members during protection period
- 21Tapered protection member not eligible to join this scheme
- 22Members of the PCSPS on scheme closing date
- 23Members of an existing scheme
- 24Members of an existing public body pension scheme
- 25Fair Deal eligible persons transferred out on or before 31st March 2012
- 26Fair Deal eligible persons transferred out after 31st March 2012
- 27Tapered protection members of an existing scheme or an existing public body pension scheme
- Part 4: Option for tapered protection members of the PCSPS
- 28Option to begin pensionable service before the transition date
- Part 5: Payment of ill-health benefits to transition members with continuity of service
- 29Transition member who has not reached normal pension age under the PCSPS
- 29AParagraph 29A
- 29BTransition member who made an application for ill-health pension under the PCSPS on or before 31st March 2022 which is determined after that date
- 30Transition member who has reached normal pension age under the PCSPS
- Part 6: Payment of death benefits in respect of transition members with continuity of service
- 31Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service
- 32Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service
- 33Death in service lump sum
- 34Death out of service lump sum
- Part 7: Transitional provisions relating to the PCSPS
- 35Pensionable service under the PCSPS
- 36Ill-health retirement certificate not given
- 37Deferred membership of the PCSPS
- 38Repayment of contributions under the PCSPS
- 39Qualifying for retirement benefits under the PCSPS
- 40Final salary link not to apply again to a pension in payment
- Part 8: Miscellaneous transitional provisions
- 41Declaration continues to have effect
- 42Nomination under the PCSPS continues to have effect
- Part 9: Transfer of final salary benefits
- 43Meaning of “final salary benefit”
- 44Acceptance of club transfer value payments and bulk transfers
- 45Member of this scheme or the PCSPS
- Part 10: Civil Service Compensation Scheme
- 46Quarantine
- Schedule 3: The Partnership Pension Account Ill-Health Benefits Arrangements
- Part 1: Preliminary
- 1Interpretation - general
- 2Meaning of “eligible service”
- 3Meaning of “final pensionable earnings”
- 4Meaning of “incapacity for employment”
- 5Meaning of “permanent breakdown in health”
- 6Meaning of “qualifying partnership service”
- 7Calculation of periods of service
- Part 2: Application
- 8Persons to whom this Schedule applies
- 9Exclusions from Schedule application
- 10Application of Schedule following transfer of employment
- Part 3: Ill-health benefits
- 11Entitlement to ill-health benefits
- 12Calculation of ill-health benefits
- 13False statements about ill-health
- Schedule 4: The Partnership Death Benefits Arrangements
- Part 1: Preliminary
- 1Interpretation
- 2Meaning of “final pensionable earnings”
- Part 2: Application
- 3Persons to whom this Schedule applies
- 4Exclusions from Schedule application
- Part 3: Lump sum death benefits
- 5Payment of lump sum death benefits
- 6Nominations for lump sum death benefits
- 7Invalid nominations of individuals
- 8Payment of lump sum death benefit to nominees or personal representatives
- 9Amount of lump sum death benefits
- Explanatory note