The Teachers’ Pensions (Remediable Service) (Scotland) Regulations 2023

1. Introductory Text

2. PART 1 Introductory provisions

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Delegation

3. PART 2 Remediable service statements

   1. 4. Requirements relating to remediable service statements

4. PART 3 Decisions about the treatment of remediable service

   1. CHAPTER 1 Opted-out service elections

      1. 5. Application and interpretation of Chapter 1

      2. 6. Election in relation to relevant opted-out service

   2. CHAPTER 2 Immediate choice decision for reformed scheme or legacy scheme benefits

      1. 7. Application and interpretation of Chapter 2

      2. 8. Immediate choice decision for reformed scheme or legacy scheme benefits: general

      3. 9. Immediate choice decision: additional requirements

      4. 10. Immediate choice decision: deemed section 6 election

   3. CHAPTER 3 Deferred choice decision for reformed scheme or legacy scheme benefits

      1. 11. Application and interpretation of Chapter 3

      2. 12. Deferred choice decision for reformed scheme or legacy scheme benefits: general

      3. 13. Deferred choice decision to be made by M

      4. 14. Deferred choice decision to be made by a person other than M

      5. 15. Deferred choice election: deemed section 10 election

      6. 16. Deferred choice decision: additional requirements

5. PART 4 Provision about divorce and dissolution arrangements

   1. CHAPTER 1 Pension credit and pension debit members

      1. SECTION 1 Application and interpretation of Chapter 1

         1. 17. Application and interpretation of Chapter 1

      2. SECTION 2 Pension sharing arrangements: information provided before 1 October 2023

         1. 18. Application and interpretation of Section 2

         2. 19. Meaning of “alternative amount”

         3. 20. Information provided before 1 October 2023: calculating a remediable credit adjustment

         4. 21. Information provided before 1 October 2023: applying a remediable credit adjustment

         5. 22. Information provided before 1 October 2023: recalculating D’s reduction of benefit

      3. SECTION 3 Information provided on or after 1 October 2023

         1. 23. Application and interpretation of Section 3

         2. 24. Information provided on or after 1 October 2023: calculation of pension credits and debits

         3. 25. Information provided on or after 1 October 2023: recalculating D’s reduction of benefit

   2. CHAPTER 2 Arrangements on divorce, annulment or dissolution other than a pension sharing order or agreement

      1. 26. Arrangements other than a pension sharing order or agreement: calculating the value of pension benefits

6. PART 5 Voluntary contributions

   1. CHAPTER 1 General

      1. 27. Interpretation of Part 5

      2. 28. Requirement to determine the value of flexibilities in a member’s alternative scheme

      3. 29. Election in relation to remediable voluntary contributions

      4. 30. Disapplication of scheme rules where rights are determined, varied or conferred

      5. 31. Variation of the period during which a buy-out election may be made

   2. CHAPTER 2 Immediate choice members

      1. 32. Application of Chapter 2

      2. 33. Treatment of legacy scheme additional pension where reformed scheme benefits chosen

      3. 34. Treatment of reformed scheme flexibilities where legacy scheme benefits take effect

      4. 35. Treatment of scheme flexibilities in payment

   3. CHAPTER 3 Deferred choice members

      1. SECTION 1 Application of Chapter 3

         1. 36. Application of Chapter 3

      2. SECTION 2 Provision about remedial voluntary contributions on the entry into force of section 2(1) of PSPJOA 2022

         1. 37. Application of Section 2

         2. 38. Treatment of rights to reformed scheme flexibilities on the entry into force of section 2(1) of PSPJOA 2022

         3. 39. Agreement to waive payment of a compensatable amount

      3. SECTION 3 Provision about remediable voluntary contributions on a deferred choice decision

         1. 40. Variation of legacy scheme additional pension where reformed scheme benefits chosen

         2. 41. Reinstatement of reformed scheme flexibilities where reformed scheme benefits chosen

         3. 42. Treatment of waived compensatable amount where legacy scheme benefits take effect

   4. CHAPTER 4 Remedial arrangements to pay voluntary contributions to the legacy scheme

      1. 43. Remedial arrangements to pay voluntary contributions to secure legacy scheme additional pension

7. PART 6 Transfers

   1. CHAPTER 1 General

      1. 44. Interpretation of Part 6

      2. 45. Transferred out remediable service statements

   2. CHAPTER 2 Transfers on a cash equivalent basis

      1. SECTION 1 Transfers before 1 October 2023

         1. 46. Transfers out before 1 October 2023

         2. 47. Transfers in before 1 October 2023

      2. SECTION 2 Transfers on or after 1 October 2023

         1. 48. Application of Section 2

         2. 49. Transfers out on or after 1 October 2023

   3. CHAPTER 3 Transfers on a club basis

      1. SECTION 1 Club transfers before 1 October 2023

         1. 50. Club transfers out before 1 October 2023

         2. 51. Club transfers in before 1 October 2023

      2. SECTION 2 Club transfers on or after 1 October 2023

         1. 52. Application of Section 2

         2. 53. Club transfers out on or after 1 October 2023

         3. 54. Club transfers in on or after 1 October 2023

   4. CHAPTER 4 Variation of transfer application periods

      1. 55. Variation of transfer application periods

   5. CHAPTER 5 Treatment of rights secured by virtue of a remediable value

      1. 56. Application and interpretation of Chapter 5

      2. 57. Transferred in remediable rights treated as being in the legacy scheme

      3. 58. Varying the value of benefits secured by virtue of transferred in remediable rights

      4. 59. Benefits already paid in relation to transferred in remediable rights

      5. 60. Pension benefits and lump sum benefits in relation to transferred in remediable rights

8. PART 7 Provision about special cases

   1. CHAPTER 1 Ill-health retirement

      1. 61. Interpretation of Chapter 1

      2. 62. Determining whether a member meets the ill-health retirement criteria in each scheme

      3. 63. Provisions about ill-health retirement benefits following reassessment

      4. 64. Ill-health retirement benefit payable in transitional cases

   2. CHAPTER 2 Miscellaneous special cases

      1. 65. Protection of the amount of pension payable to an eligible child

      2. 66. Immediate choice members with excess teacher service

   3. CHAPTER 3 Premature retirement

      1. 67. Compensation for premature retirement

      2. 68. Payment of annual allowance tax charges and provision of information

9. PART 8 Liabilities and payment

   1. CHAPTER 1 Application of Part 8

      1. 69. Application of Part 8

   2. CHAPTER 2 Interest, compensation and netting off

      1. 70. Interest

      2. 71. Indirect compensation

      3. 72. Applications for compensation or indirect compensation

      4. 73. Netting off

   3. CHAPTER 3 Reduction and waiver of liabilities

      1. 74. Requirement to reduce liabilities by tax relief amounts

      2. 75. Power to reduce or waive amounts owed by a person to the scheme manager

      3. 76. Agreement to waive a liability owed by the scheme manager in respect of an immediate correction

   4. CHAPTER 4 Payment of net liabilities

      1. 77. Application of Chapter 4

      2. 78. Payment of amounts owed to the scheme manager

      3. 79. Payment of amounts owed to a person

10. Signature

11. 1. SCHEDULE

       Eligible decision-makers for deceased members

       1. 1. Interpretation

       2. 2. Sole beneficiary: an adult

       3. 3. Sole beneficiary: a child

       4. 4. Sole beneficiary: M’s estate

       5. 5. Multiple beneficiaries: including a surviving adult

       6. 6. Multiple beneficiaries: including adult eligible children

       7. 7. Multiple beneficiaries: nominated individuals only

       8. 8. Multiple beneficiaries: non-adult eligible children

       9. 9. Multiple beneficiaries: nominated children only

       10. 10. Multiple beneficiaries: one or more adults and one or more children

       11. 11. Other cases

12. Explanatory Note