The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023 No. 942

PART 6 U.K. Transfers

CHAPTER 1 U.K. General

Interpretation of Part 6 U.K.

36.—(1) In this Part—

“receiving scheme”, in relation to a remediable value, means the scheme to which the remediable value was, or is to be, paid;

“reformed public service pension scheme” means—

(a)

a Chapter 1 scheme(1);

(b)

a judicial scheme within the meaning of section 70(1) of PSPJOA 2022;

(c)

a local government scheme within the meaning of section 86(1) of PSPJOA 2022;

“remediable club transfer value”, in relation to a member, means the payment or acceptance by the scheme manager of—

(a)

a transfer value under Part F of Section I in accordance with the public sector transfer arrangements (within the meaning given to that term by rule A.1(4) of Section I);

(b)

a transfer value under Section 6 of Section II in connection with a qualifying transfer (within the meaning given to that term by rule 6.37(iii) of Section II);

(c)

a transfer value under Part G of Section III in connection with a Club transfer (within the meaning given to that term by rule A.1(4) of Section III);

(d)

a club transfer value under Part 10 of the 2014 Regulations,

so far as the transfer value relates to the member’s remediable rights;

“remediable rights”, in relation to a member, means the member’s rights to benefits under a reformed public service pension scheme secured by virtue of the member’s remediable service;

“remediable transfer value”, in relation to a member, means the payment or acceptance by the scheme manager of a transfer value (other than a remediable club transfer value) under—

(a)

Part F of Section I;

(b)

Section 6 of Section II;

(c)

Part G of Section III;

(d)

Part 10 of the 2014 Regulations,

so far as the transfer value relates to the member’s remediable rights;

“remediable value” means a remediable club transfer value or a remediable transfer value;

“sending scheme”, in relation to a remediable value, means the scheme which paid, or is to pay, the remediable value.

(2) Where a provision of this Part requires the scheme manager to calculate a transfer value (including a remediable value), that value is to be calculated in accordance with—

(a) the provisions of the civil service scheme which apply to the calculation of values of that type, and

(b) the guidance and tables provided for the purpose of calculating such values that were, or are, in use on the date used for the calculation of the value which originally secured rights under a civil service scheme.

Commencement Information

I1 Reg. 36 in force at 1.10.2023, see reg. 1(b)

Transferred out remediable service statements U.K.

37.  Where a remedy member has transferred any rights in respect of remediable service out of a civil service scheme, the scheme manager must provide a transferred out remediable service statement in accordance with direction 6(2) to (4) of the PSP Directions 2022 (and direction 6(4) applies as if the reference to “any provision made by virtue of section 29(1) of PSPJOA 2022” were a reference to regulation 4).

Commencement Information

I2 Reg. 37 in force at 1.10.2023, see reg. 1(b)

(1)

See section 33 of PSPJOA 2022 for the meaning of “Chapter 1 scheme”.