The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

PART 5 N.I. Divorce or the dissolution of a civil partnership

Interpretation of Part 5 N.I.

25.  In this Part—

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999(1);

“the 2000 Regulations” means the Pensions on Divorce etc. (Provision of Information) (Northern Ireland) Regulations 2000(2);

“appropriate amount” means the appropriate amount for the purposes of paragraph (1) of article 26 of the 1999 Order (Creation of pension debits and credits) determined in accordance with—

(a)

article 26(2) of the 1999 Order, or

(b)

article 26(3) of the 1999 Order but with the amount specified to be transferred converted into a percentage using the formula—

(A x 100) / B

Where—

“A” is the amount specified to be transferred, and

“B” is the valuation of pension benefits at the valuation day provided by the scheme manager;

“operative time” means—

(a)

if an election under regulation 9 is made in relation to a corresponding pension debit member’s remediable service, the time the election is made or otherwise the end of the immediate choice election period;

(b)

if an election under regulation 12 is made in relation to a corresponding pension debit member’s remediable service, the time the election is made or otherwise the end of the deferred choice election period;

“remediable service shareable rights” means the shareable rights of the remedy member obtained by virtue of the remedy member’s remediable service during the period beginning with 1st April 2015 and ending with the earlier of—

(a)

the day before the transfer day, and

(b)

the last day of the member’s remediable service;

“shareable rights” has the meaning given in article 24(2) of the 1999 Order (scope of mechanism);

“transfer day” has the meaning given in article 26(8) of the 1999 Order;

“valuation day” has the meaning given in article 26(7) of the 1999 Order.

Commencement Information

I1 Reg. 25 in operation at 1.10.2023, see reg. 1

Pension debits: valuation of pension benefits before 1st October 2023: deferred choice members (immediate alternative debit of appropriate amount) N.I.

26.—(1) This regulation applies to a corresponding pension debit member(3) (“DM”) where—

(a) DM is a deferred choice member who has pensionable service under the legacy scheme by virtue of section 2(1) of PSPJOA 2022;

(b) before 1st October 2023, the scheme manager provided a valuation of benefits, in respect of remediable service shareable rights, under regulation 3 of the 2000 Regulations(4) (Information about pensions on divorce or dissolution of a civil partnership: valuation of pension benefits); and

(c) on or after 1st April 2015, DM’s remediable service shareable rights became subject to a debit of the appropriate amount under the 2015 scheme.

(2) Where this regulation applies, all DM’s remediable service shareable rights subject to a debit of the appropriate amount under the 2015 scheme—

(a) become a debit of the appropriate amount in the legacy scheme; and

(b) must be adjusted by the scheme manager to a debit of equivalent value to a debit of the appropriate amount that DM would have had in the legacy scheme on the transfer day.

(3) The scheme manager must make the adjustment referred to in paragraph (2)—

(a) where the scheme manager discharged their liability under article 30(1) of the 1999 Order(5) (time for discharge of liability in respect of a pension credit) before 1st October 2023—

(i) before 1st July 2024, or

(ii) on such later date as the scheme manager considers reasonable in all the circumstances of the case, or

(b) as soon as reasonably practicable after the day on which the scheme manager discharges their liability under that section where the scheme manager does so after 30th September 2023.

(4) Where paragraph (3)(a) applies, the scheme manager must send a notice in writing to DM specifying the adjusted debit of the appropriate amount under the legacy scheme.

(5) The scheme manager must send the notice to DM within one month of making the adjustment under paragraph (2)(b).

Commencement Information

I2 Reg. 26 in operation at 1.10.2023, see reg. 1

Pension debits: valuation of pension benefits before 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members and deceased members N.I.

27.—(1) This regulation applies to a corresponding pension debit member (“ DM”) where—

(a) DM is an immediate choice member or a remedy member who died before 1st October 2023 , and

(b) before that date, the scheme manager provided a valuation of benefits, in respect of remediable service shareable rights, under regulation 3 of the 2000 Regulations (information about pensions on divorce or dissolution of a civil partnership: valuation of pension benefits).

(2) Paragraph (3) applies where—

(a) DM or, where DM has died after the transfer day, the designated person makes an immediate choice election for 2015 scheme benefits under regulation 9 (election for 2015 scheme benefits: immediate choice members and deceased members) or such an election is treated by the scheme manager as having been made in accordance with regulation 9(6);

(b) DM has remediable service under the legacy scheme that is not pensionable service by virtue of section 2(1) of the PSPJOA 2022; and

(c) DM is subject to a debit of the appropriate amount under the legacy scheme, in respect of remediable service shareable rights—

(i) at or before the operative time, or

(ii) after the operative time.

(3) Where this paragraph applies, the scheme manager must adjust all DM’s debit of the appropriate amount in the legacy scheme in respect of remediable service shareable rights to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the 2015 scheme on the transfer day.

(4) Paragraph (5) applies where—

(a) DM or, where DM has died after the transfer day, the designated person makes an immediate choice election for 2015 scheme benefits under regulation 9 or such an election is treated by the scheme manager as having been made in accordance with regulation 9(6);

(b) DM has remediable service under the legacy scheme that is pensionable service by virtue of section 2(1) of PSPJOA 2022; and

(c) DM is subject to a debit of the appropriate amount in the 2015 scheme, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order—

(i) at or before the operative time, or

(ii) after the operative time.

(5) Where this paragraph applies, all DM’s debit of the appropriate amount under the 2015 scheme in respect of remediable service shareable rights—

(a) becomes a debit of the appropriate amount under the legacy scheme, and

(b) must be treated by the scheme manager as a debit of equivalent value to a debit of the appropriate amount that DM would have had under the 2015 scheme on the transfer day.

(6) Paragraphs (3) and (5) have effect—

(a) where paragraph (2)(c)(i) or (4)(c)(i) applies, at the operative time;

(b) where paragraph (2)(c)(ii) or (4)(c)(ii) applies, immediately after DM is subject to a debit of the appropriate amount, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order; or

(c) on such later date as the scheme manager considers reasonable in all the circumstances of the case.

(7) Where paragraph (2)(c)(ii) or 4(c)(ii) applies, the scheme manager must send a notice to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme that DM would have had under the 2015 scheme on the transfer day.

(8) The scheme manager must send the notice mentioned in paragraph (7) within one month beginning with the day after paragraph (3) or (5) (whichever is relevant) has effect in accordance with paragraph (6)(b) or (c).

Commencement Information

I3 Reg. 27 in operation at 1.10.2023, see reg. 1

Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members N.I.

28.—(1) This regulation applies to a corresponding pension debit member (“ DM”) where—

(a) DM is an immediate choice member or a remedy member who died before 1st October 2023 , and

(b) before that date, the scheme manager provided a valuation of benefits, in respect of remediable service shareable rights, under regulation 3 of the 2000 Regulations (information about pensions and divorce and dissolution of a civil partnership: valuation of pension benefits).

(2) Paragraph (3) applies where—

(a) DM or, where DM has died after the transfer day, the designated person does not make an immediate choice election for 2015 scheme benefits under regulation 9 before the end of the immediate choice election period and such an election is not treated by the scheme manager as having been made in accordance with regulation 9(6);

(b) DM has remediable service in the legacy scheme that is pensionable service by virtue of section 2(1) of PSPJOA 2022; and

(c) DM is subject to a debit of the appropriate amount under the 2015 scheme, in respect of remediable service shareable rights determined under article 26(2) of the 1999 Order—

(i) at or before the operative time, or

(ii) after the operative time,

(3) Where this paragraph applies, all DM’s debit of the appropriate amount under the 2015 scheme in respect of remediable service shareable rights—

(a) becomes a debit of the appropriate amount under the legacy scheme; and

(b) is adjusted to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the legacy scheme on the transfer day.

(4) Paragraph (3) has effect—

(a) at the operative time, where paragraph (2)(c)(i) applies; or

(b) on such later date as the scheme manager considers reasonable in all the circumstances of the case.

(5) Where paragraph (2)(c)(ii) applies, the scheme manager must send a notice to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme that DM would have had under the legacy scheme on the transfer day.

(6) The scheme manager must send the notice mentioned in paragraph (5) within one month beginning with the day after paragraph (3) has effect in accordance with paragraph (4)(b).

Commencement Information

I4 Reg. 28 in operation at 1.10.2023, see reg. 1

Pension debits: deferred choice election for 2015 scheme benefits: deferred choice members N.I.

29.—(1) This regulation applies to a corresponding pension debit member (“ DM”) where—

(a) DM is a deferred choice member who has remediable service under the legacy scheme that is pensionable service under that scheme whether or not by virtue of section 2(1) of PSPJOA 2022;

(b) under regulation 12, DM or, where DM has died after the transfer day, the designated person makes a deferred choice election for 2015 scheme benefits or such an election is treated by the scheme manager as having been made in accordance with regulation 12(6); and

(c) DM is subject to—

(i) an adjustment to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the legacy scheme on the transfer day under regulation 26(2);

(ii) a debit of the appropriate amount under the legacy scheme, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order at or before the operative time; or

(iii) a debit of the appropriate amount under the legacy scheme, in respect of remediable service shareable rights after the operative time.

(2) Where this regulation applies, the scheme manager must adjust all DM’s debit of the appropriate amount under the legacy scheme in respect of remediable service shareable rights to an equivalent value to the debit of the appropriate amount that DM would have had under the 2015 scheme on the transfer day.

(3) Paragraph (2) has effect—

(a) where paragraph (1)(c)(i) or (ii) applies, at the operative time;

(b) where paragraph (1)(c)(iii) applies, immediately after DM is subject to a debit of the appropriate amount, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order; or

(c) on such later date as the scheme manager considers reasonable in all the circumstances of the case.

(4) Where paragraph (1)(c)(ii) applies, the scheme manager must send a notice to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme that DM would have had under the 2015 scheme on the transfer day.

(5) The scheme manager must send the notice mentioned in paragraph (4) to DM within one month beginning with the day after paragraph (2) has effect in accordance with paragraph (3)((b) or (c).

Commencement Information

I5 Reg. 29 in operation at 1.10.2023, see reg. 1

Valuation of pension benefits on or after 1st October 2023 N.I.

30.—(1) This regulation applies to a remedy member (“ M”) where—

(a) M is a deferred choice member or an immediate choice member; and

(b) on or after 1^st October 2023, the scheme manager receives a request in writing for a valuation of pension benefits, under regulation 2 of the 2000 Regulations(6) (basic information about pensions and divorce or dissolution of a civil partnership), in respect of M’s remediable service shareable rights.

(2) Paragraph (3) applies where on the valuation day—

(a) the scheme manager has not received an immediate choice election under regulation 9 or a deferred choice election under regulation 12 in respect of those rights; and

(b) the immediate choice election period or the deferred choice election period has not ended.

(3) The scheme manager must determine—

(a) an aggregated legacy scheme valuation of pension benefits in respect of—

(i) non-remediable service shareable rights, and

(ii) remediable service shareable rights; and

(b) where relevant, a 2015 scheme valuation of pension benefits in respect of non-remediable service shareable rights.

(4) For the purposes of paragraph (3)(a)(ii), the scheme manager must determine the legacy scheme valuation of pensions benefits as if M’s remediable service on the valuation day were service under—

(a) the legacy scheme;

(b) the 2015 scheme.

(5) The scheme manager must provide—

(a) an aggregated legacy scheme valuation of pension benefits determined under paragraph (3)(a) using the higher of the two valuations determined under paragraph (4); and

(b) where relevant, a 2015 scheme valuation of pension benefits determined under paragraph (3)(b),

in accordance with regulation 2 of the 2000 Regulations.

(6) Paragraph (7) applies where on the valuation day—

(a) the scheme manager has received an immediate choice election under regulation 9 or a deferred choice election under regulation 12 in respect of those rights; or

(b) no such election has been received and the immediate choice election period or the deferred choice election period has ended.

(7) The scheme manager must determine the legacy scheme valuation of pension benefits in paragraph (3)(a)(ii), as if the M’s remediable service on the valuation day were service under—

(a) the legacy scheme, where—

(i) the scheme manager has not received an immediate choice election for 2015 scheme benefits under regulation 9 or a deferred choice election for 2015 scheme benefits under regulation 12 by the end of the immediate choice election period or the deferred choice election period (whichever is relevant), and

(ii) such an election is not treated as having been made in accordance with regulation 9(6) or regulation 12(6) (whichever is relevant); or

(b) the 2015 scheme, where—

(i) the scheme manager has received an immediate choice election for 2015 scheme benefits under regulation 9 or a deferred choice election under regulation 12 (whichever is relevant), or

(ii) such an election is treated by the scheme manager as having been made in accordance with regulation 9((6) or 12(6) (whichever is relevant).

(8) In this regulation, “non-remediable service shareable rights” means the shareable rights of a remedy member that are not remediable service shareable rights on the day before the transfer day.

Commencement Information

I6 Reg. 30 in operation at 1.10.2023, see reg. 1

Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members N.I.

31.—(1) This regulation applies to a corresponding pension debit member (“ DM”) where—

(a) DM is an immediate choice member; and

(b) on or after 1^st October 2023, the scheme manager provides an aggregated legacy scheme valuation of pension benefits determined under regulation 30(3)(a) taking into account the higher of the two valuations determined under regulation 30(4).

(2) Paragraph (3) applies where—

(a) DM or, where DM has died after the transfer day, the designated person makes an immediate choice election for 2015 scheme benefits under regulation 9 (election for 2015 scheme benefits: immediate choice members and deceased members) or such a choice is treated by the scheme manager as having been made in accordance with regulation 9(6); and

(b) DM is subject to a debit of the appropriate amount under the legacy scheme, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order (creation of pension debits and credits)—

(i) at or before the operative time, or

(ii) after the operative time.

(3) Where this paragraph applies, the scheme manager must adjust all DM’s debit of the appropriate amount under the legacy scheme in respect of remediable service shareable rights to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the 2015 scheme on the transfer day.

(4) Paragraph (3) has effect—

(a) where paragraph (2)(b)(i) applies, at the operative time;

(b) where paragraph (2)(b)(ii) applies, immediately after DM is subject to a debit of the appropriate amount, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order; or

(c) on such later date as the scheme manager considers reasonable in all the circumstances of the case.

(5) Where paragraph (2)(b)(ii) applies, the scheme manager must send a notice to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme, that DM would have had under the 2015 scheme on the transfer day.

(6) The scheme manager must send the notice mentioned in paragraph (5) within one month beginning with the day after paragraph (3) has effect in accordance with paragraph (4)(b) or (c).

Commencement Information

I7 Reg. 31 in operation at 1.10.2023, see reg. 1

Pension debits: valuation of pension benefits on or after 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members N.I.

32.—(1) This regulation applies to a corresponding pension debit member (“ DM”) where—

(a) DM is an immediate choice member; and

(b) on or after 1^st October 2023, the scheme manager provides an aggregated legacy scheme valuation of pension benefits determined under regulation 30(3)(a) taking into account the higher of the two valuations determined under regulation 30(4).

(2) Paragraph (3) applies where—

(a) DM or, where DM has died after the transfer day, the designated person does not make an immediate choice election for 2015 scheme benefits under regulation 9 (election for 2015 scheme benefits: immediate choice members and deceased members) before the end of the immediate choice election period and such an election is not treated by the scheme manager as having been made in accordance with regulation 9(6); and

(b) DM is subject to a debit of the appropriate amount under the legacy scheme, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order (creation of pension debits and credits)—

(i) at or before the operative time, or

(ii) after the operative time.

(3) Where this paragraph applies, the scheme manager must adjust all DM’s debit of the appropriate amount under the legacy scheme in respect of remediable service shareable rights to a debit of equivalent value to a debit of the appropriate amount that DM would have had under the legacy scheme on the transfer day.

(4) Paragraph (3) has effect—

(a) where paragraph (2)(b)(i) applies, at the operative time;

(b) where paragraph (2)(b)(ii) applies, immediately after DM is subject to a debit of the appropriate amount, in respect of remediable service shareable rights, determined under article 26(2) of the 1999 Order; or

(c) on such later date as the scheme manager considers reasonable in all the circumstances of the case.

(5) Where paragraph (2)(b)(ii) applies, the scheme manager must send a notice to DM or, as the case may be, the designated person specifying the equivalent debit of the appropriate amount, in respect of remediable service shareable rights, under the legacy scheme, that DM would have had under the legacy scheme on the transfer day.

(6) The scheme manager must send the notice mentioned in paragraph (5) within one month beginning with the day after paragraph (3) has effect in accordance with paragraph (4)(b) or (c).

Commencement Information

I8 Reg. 32 in operation at 1.10.2023, see reg. 1

Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme only or the 2015 scheme only N.I.

33.—(1) This regulation applies to a relevant pension credit member(7) (“CM”) where—

(a) before 1^st October 2023, the scheme manager provided a valuation of benefits, in respect of remediable service (shareable rights of the corresponding pension debit member (“DM”), under regulation 3 of the 2000 Regulations(basic information about pensions and divorce or dissolution of a civil partnership); and

(b) in respect of DM’s remediable service shareable rights, CM has a pension credit(8) solely under—

(i) the legacy scheme, or

(ii) the 2015 scheme.

(2) Paragraphs (3) and (4) apply where CM has a pension credit, in respect of DM’s remediable service shareable rights, under the legacy scheme.

(3) Where this paragraph applies, the scheme manager, after having regard to the advice of the scheme actuary, must determine a valuation, in respect of DM’s remediable service shareable rights, as though DM’s remediable service the day before the transfer day had been under the 2015 scheme.

(4) Where—

(a) the valuation of pension benefits determined under paragraph (3) is greater than

(b) the valuation of pension benefits, in respect of DM’s remediable service shareable rights under the 2015 scheme before the transfer day,

the scheme manager, after having regard to the advice of the scheme actuary, must adjust CM’s legacy scheme pension credit to take account of the difference between the valuations referred to in sub-paragraphs (a) and (b).

(5) Paragraphs (6) and (7) apply where CM has a pension credit, in respect of DM’s remediable service shareable rights in the 2015 scheme but does not have a pension credit, in respect of DM’s remediable service shareable rights, under the legacy scheme.

(6) Where this paragraph applies, the scheme manager, after having regard to the advice of the scheme actuary, must determine a valuation of pension benefits, in respect of DM’s remediable service shareable rights, as though DM’s remediable service the day before the transfer day had been under the legacy scheme.

(7) Where—

(a) the valuation of pension benefits determined under paragraph (6) is greater than

(b) the valuation of pension benefits, in respect of DM’s remediable service shareable rights under the legacy scheme before the transfer day,

the scheme manager, after having regard to the advice of the scheme actuary, must adjust CM’s 2015 scheme pension credit to take account of the difference between the valuations referred to in sub-paragraphs (a) and (b).

(8) An adjustment made under paragraph (4) or (7) has effect as though it had been made on the transfer day.

(9) The scheme manager must make the adjustment referred to in paragraph (4) or (7) (whichever is relevant)—

(a) where the scheme manager discharged their liability under article 30(1) of the 1999 Order (time for discharge of liability in respect of a pension credit) before 1st October 2023—

(i) before 1st October 2024, or

(ii) on such later date as the scheme manager considers reasonable in all the circumstances of the case; or

(b) as soon as reasonably practicable after the day on which the scheme manager discharges their liability under that article, where the scheme manager does so after 30th September 2023.

(10) Where paragraph (9) applies, the scheme manager must send a notice in writing to CM specifying—

(a) the adjusted pension credit; and

(b) in which scheme the adjusted pension credit is retained.

(11) The scheme manager must send the notice referred to in paragraph (10) to CM within one month beginning with the day after the day on which the scheme manager made the adjustment under paragraph (4) or (7).

Commencement Information

I9 Reg. 33 in operation at 1.10.2023, see reg. 1

Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme and the 2015 scheme N.I.

34.—(1) This regulation applies to a relevant pension credit member (“ CM”) where—

(a) before 1st October 2023, the scheme manager provided a valuation of benefits, in respect of remediable service shareable rights of the corresponding pension debit member (“DM”), under regulation 3 of the 2000 Regulations(9) (basic information about pensions on divorce or dissolution of a civil partnership),; and

(b) in respect of DM’s remediable service shareable rights, CM has a pension credit under the legacy scheme and the 2015 scheme.

(2) Where this regulation applies, CM’s pension credit in respect of DM’s remediable service shareable rights must, by virtue of section 19(5) of PSPJOA 2022, be retained solely under the legacy scheme or solely under the 2015 scheme.

(3) The scheme manager must, after having regard to the advice of the scheme actuary, determine—

(a) a valuation of pension benefits, in respect of DM’s remediable service shareable rights and the legacy scheme corresponding pension credit, under article 26(1) of the 1999 Order (creation of pension debits and credits), as though all DM’s remediable service before the transfer day were pensionable service under the legacy scheme; and

(b) a valuation of pension benefits, in respect of DM’s remediable service shareable rights, and the 2015 scheme corresponding pension credit, under article 26(1) of the 1999 Order, as though all DM’s remediable service before the transfer day were pensionable service under the 2015 scheme.

(4) CM must make an election to identify clearly one of the pension credits, in respect of DM’s remediable service shareable rights, determined under paragraph (3).

(5) The election referred to in paragraph (4) must—

(a) be made by CM in writing;

(b) be received by the scheme manager within a period—

(i) of three months, beginning with the day after the scheme manager provides the notice referred to in paragraph (6), or

(ii) that the scheme manager considers reasonable in all the circumstances of the case; and

(c) contain such information as the scheme manager requires.

(6) The scheme manager must inform CM of the right to make an election under paragraph (5) in a notice in writing to CM—

(a) where the scheme manager discharged their liability under article 30(1) of the 1999 Order (time for discharge of liability in respect of a pension credit) before 1st October 2023—

(i) before 1st October 2024, or

(ii) on such later date as the scheme manager considers reasonable in all the circumstances of the case; or

(b) as soon as reasonably practicable after the day on which the scheme manager discharges their liability under that article, where the scheme manager does so after 30th September 2023.

(7) The notice referred to in paragraph (6) must specify—

(a) the valuation of pension benefits and corresponding pension credits calculated by the scheme manager, determined under paragraph (3);

(b) the date by which an election under this regulation must be received by the scheme manager; and

(c) that the election is irrevocable.

(8) Where the scheme manager accepts such an election—

(a) the adjusted pension credit, in respect of DM’s remediable service shareable rights, is retained under whichever of the legacy scheme and the 2015 scheme CM identified in the election; and

(b) any pension credit, in respect of DM’s remediable service shareable rights, is extinguished under whichever of the legacy scheme and the 2015 scheme CM did not identify in the election.

(9) The pension credit—

(a) retained under paragraph (8)(a) has effect as though it had been retained under that scheme on the transfer day;

(b) extinguished under paragraph (8)(b) has effect as though it had been extinguished under that scheme on the transfer day.

(10) The personal representatives of CM may make an election under paragraph (4) where CM dies before making such an election.

(11) Where the scheme manager does not receive an election within the period specified in paragraph (5)(b), the adjusted pension credit, in respect of DM’s remediable service shareable rights, must be retained under whichever of the legacy scheme or the 2015 scheme the scheme manager, after having regard to the advice of the scheme actuary, deems would be most beneficial to CM.

(12) Where paragraph (8) or (11) applies, the scheme manager must send a notice in writing to CM or, as the case may be, CM’s personal representatives specifying—

(a) the adjusted pension credit, in respect of DM’s remediable service shareable rights;

(b) in which scheme that adjusted pension credit is retained;

(c) details of the pension credit that is extinguished under paragraph (9)(b).

(13) The scheme manager must send the notice mentioned in paragraph (12) within one month beginning with the day after the day on which the scheme manager accepts an election under paragraph (8).

Commencement Information

I10 Reg. 34 in operation at 1.10.2023, see reg. 1

Pension credits: pensioner and deceased relevant pension credit members N.I.

35.—(1) This regulation applies where the relevant pension credit member (“ CM”)—

(a) was entitled to a pension derived from the member’s pension credit rights before—

(i) the adjustment is made under regulation 33(4) or (7), or

(ii) receiving the notice sent by the scheme manager under regulation 34(6); or

(b) is a deceased member, where the personal representatives of CM make an election under regulation 34(10).

(2) Where this regulation applies, subsections (3) to (8) of section 14 of PSPJOA 2022 apply in relation to CM as they apply in relation to a relevant member (“M”) described in subsection (1) of that section with the following modifications—

(a) the references to “M’s remediable service in the employment or office” in subsections (3)(a) and (5)(a) are to be read as references to CM’s pension credit;

(b) the references to “sections 2(1) and 6(4) and (5)” in subsections (3)(b) and (5)(b) are to be read as regulation 35 of the Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023;

(c) the references to “the service” in subsections (3)(b) and (5)(b) are to be read as references to CM’s pension credit; and

(d) the term “the operative time” is to be read as meaning the time at which—

(i) the adjustment mentioned in regulation 33(4) or 33(7) of the Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 has effect, or

(ii) the pension credit mentioned in regulation 34(8)(a) of the Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 has effect.

Commencement Information

I11 Reg. 35 in operation at 1.10.2023, see reg. 1

Pension credits: valuation of pension benefits on or after 1st October 2023: creation of a pension credit N.I.

36.—(1) This regulation applies to a relevant pension credit member(a) (“ CM”) where—

(a) on or after 1st October 2023, the scheme manager provided an aggregated legacy scheme valuation of pension benefits, determined under regulation 30(3)(a) and taking into account the higher of the two valuations determined under regulation 30(4); and

(b) the corresponding pension debit member (“DM”) is subject to a debit under the legacy scheme of the appropriate amount in respect of remediable service shareable rights).

(2) Where this regulation applies the scheme manager, having regard to the advice of the scheme actuary, must determine the corresponding pension credit under the legacy scheme in accordance with article 26(1) of the 1999 Act, by means of the aggregated legacy scheme valuation referred to in paragraph (1)(a), which is recalculated to the day before the transfer day.

(3) Where paragraph (2) applies, the scheme manager must send a notice in writing to CM specifying the legacy scheme pension credit.

(4) The scheme manager must send the notice mentioned in paragraph (3) to CM as soon as reasonably practicable after the day on which the scheme manager discharges their liability under article 30(1) of the 1999 Order (time for discharge of liability in respect of a pension credit).

Commencement Information

I12 Reg. 36 in operation at 1.10.2023, see reg. 1

(1)

SI 1999/3147 (NI 11)

(2)

S.R. 2000 No.142. regulations 2 and 3 were amended by S.R. 2005 No 536 and S.R. 2016 No 172.

(3)

For the meaning of “corresponding pension debit member”, see section 19(3) of PSPJOA 2022.

(4)

Regulation 3 was amended by S.R 2005 No.536.

(5)

Section 33 has been amended but the amendment is not relevant to these Regulations.

(6)

Regulation 2 was amended by SR 2005 No. 536.

(7)

For the meaning of “relevant pension credit member”, see section 19(2) of PSPJOA 2022.

(8)

For the meaning of “pension credit”, see section 26(1)(b) of the 1999 Order.

(9)

Regulation 3 was amended by S.R 2005 No.536. and SR 2016 No 172