The National Health Service Pension Schemes (Remediable Service) Regulations 2023

Interpretation of Part 4

14.  In this Part—

“1995 regulation Q8” means regulation Q8 of the 1995 Regulations(1) (option to pay additional periodical contributions to purchase additional pension);

“1995 regulation Q10” means regulation Q10 of the 1995 Regulations (members option to pay lump sum contributions to purchase additional pension);

“1995 regulation Q11” means regulation Q11 of the 1995 Regulations (payment of additional lump sum contributions by employing authority);

“2008 regulation 2.C.8” means regulation 2.C.8 of the 2008 Regulations(2) (member’s option to pay additional periodical contributions to purchase additional pension);

“2008 regulation 2.C.10” means regulation 2.C.10 of the 2008 Regulations (member’s option to pay lump sum contribution to purchase additional pension);

“2008 regulation 2.C.11” means regulation 2.C.11 of the 2008 Regulations (payment of additional lump sum contributions by employing authority);

“2008 regulation 3.C.6” means regulation 3.C.6 of the 2008 Regulations(3) (member’s option to pay additional periodical contributions to purchase additional pension);

“2008 regulation 3.C.8” means regulation 3.C.8 of the 2008 Regulations (member’s option to pay lump sum contribution to purchase additional pension);

“2008 regulation 3.C.9” means regulation 3.C.9 of the 2008 Regulations (payment of additional lump sum contributions by employing authority);

“2015 regulation 48” means regulation 48 of the 2015 Regulations (payment of buy-out contributions);

“2015 regulation 59” means regulation 59 of the 2015 Regulations (accepting an additional pension election);

“2015 regulation 62” means regulation 62 of the 2015 Regulations (lump sum contributions: payment of contributions and credit of additional pension);

“2015 regulation 64” means regulation 64 of the 2015 Regulations (periodic contributions);

“2015 transitional regulation 25” means regulation 25 of the 2015 Transitional Regulations(4) (decoupling of benefits derived from additional contributions);

“actuarial increase” means a late payment actuarial increase under paragraph 2 of Schedule 13 to the 2015 Regulations (calculation of pension: late payment of pension with actuarial increase) where the calculation of that increase must take account of any buy-out election in accordance with sub-paragraph (4) of that paragraph;

“actuarial reduction” has the meaning given in paragraph 9 of Schedule 9 to the 2015 Regulations (pension accounts);

“corresponding option” means—

(a)

where pursuant to section 2(1) of PSPJOA 2022, the remedy member’s remediable service is treated as being pensionable service under the 1995 Regulations—

(i)

an option under 1995 regulation Q8 if the member paid contributions in respect of an additional pension election in accordance with 2015 regulation 64;

(ii)

an option under 1995 regulation Q10 if the member paid the lump sum contribution referred to in 2015 regulation 62; or

(iii)

an option under 1995 regulation Q11 if the member’s employing authority paid the lump sum contribution referred to in 2015 regulation 62, or

(b)

where pursuant to section 2(1) of PSPJOA 2022, the remedy member’s remediable service is treated as being pensionable service under the 2008 Regulations—

(i)

an option under 2008 regulation 2.C.8 or 2008 regulation 3.C.6 if the member paid contributions in respect of an additional pension election in accordance with 2015 regulation 64;

(ii)

an option under 2008 regulation 2.C.10 or 2008 regulation 3.C.8 if the member paid the lump sum contribution referred to in 2015 regulation 62; or

(iii)

an option under 2008 regulation 2.C.11 or 2008 regulation 3.C.9 if the member’s employing authority paid the lump sum contribution referred to in 2015 regulation 62.

“relevant contributions” means contributions that were paid by the remedy member—

(a)

on or after the member’s 60th birthday, if the member’s contributions are to be treated as if they had been paid under a corresponding option exercised under the 1995 Regulations, or

(b)

on or after the member’s 65th birthday if the member’s contributions are to be treated as if they had been paid under a corresponding option exercised under the 2008 Regulations;

“remedy period” means the period from 1st April 2015 to 31st March 2022 (including those dates).

(1)

Regulations Q8, Q10 and Q11 of the 1995 Regulations were inserted by S.I. 2008/654.

(2)

Regulations 2.C.8, 2.C.10 and 2.C.11 of the 2008 Regulations were amended by S.I. 2009/2446.

(3)

Regulations 3.C.6, 3.C.8 and 3.C.9 of the 2008 Regulations were amended by S.I. 2009/2446.

(4)

Regulation 25 of the 2015 Transitional Regulations was amended by S.I. 2022/327.