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

Application of provisions within sections 2 to 30 of PSPJOA 2022 in relation to an immediate detriment remedy member

2.  The following sections of PSPJOA 2022 and, where stated, provisions of these Regulations made under them, apply in respect of an immediate detriment remedy member—

(a) section 2 (remediable service treated as pensionable under Chapter 1 legacy schemes);

(b) section 3 (benefits already paid);

(c) section 4(1) and (9) (meaning of “the relevant Chapter 1 legacy scheme” etc);

(d) section 5 (election for retrospective provision to apply to opted-out service) and regulation 8 (election for retrospective provision to apply to opted-out service);

(e) section 18 (powers to reduce or waive liabilities) and regulation 69 (power to reduce or waive amounts owed by a person to the legacy scheme);

(f) section 22(1), (2)(j) and (6) (further powers to make provision about special cases) and Parts 7 (taxation) and 11 (revocation of election to convert pensionable service under the legacy scheme) of these Regulations;

(g) section 23 (power to pay compensation) and regulation 61 (applications for compensation or indirect compensation);

(h) section 24 and regulation 62 (indirect compensation);

(i) section 25 (remedial arrangements to pay voluntary contributions to legacy schemes) and regulation 23 (remedial arrangements to pay voluntary contributions to secure legacy scheme additional pension);

(j) section 26 (interest and process) and—

(i) regulation 63 (application and interpretation of Part 9);

(ii) regulation 64 (interest and process);

(iii) regulation 65 (interest not payable under the 1995 Regulations or the 2008 Regulations);

(iv) regulation 66 (netting off of liabilities);

(v) regulation 67 (payments of amounts owed to the scheme);

(vi) regulation 68 (payments of amounts owed to a person);

(k) section 27(1), (2)(a), (e), (f) and (h) to (j) and (3) to (5) (Treasury directions);

(l) section 28 (scheme rules that prohibit unauthorised payments);

(m) section 30 (section 61 of the Equality Act 2010 etc).