This regulation applies in relation to a relevant member (“M”) 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 (“M’s remediable service”) in the circumstances described in paragraph (2).

In these circumstances, the appropriate person must pay an amount equal to the difference to the scheme adjusted in accordance with paragraph (5).

Paragraph (3) does not apply where M has waived M’s right to the compensation payment otherwise due under regulation 3 (see regulation 3(5)) unless that waiver is void.

The contributions owed to the scheme by the appropriate person must be reduced by tax relief amounts calculated in accordance with paragraphs (5) to (8) and, if relevant, (11) and (12) of direction 4 of the 2023 Directions (powers to reduce or waive liabilities).

In this regulation—

• “adjusted contributions amount” means—

  1. a

     if an election under regulation 12 is made in relation to M’s remediable service, the aggregate of the contributions M would have paid in respect of M’s remediable service in the relevant scheme years if M had been required to pay 2015 scheme contributions in respect of that service; or

  2. b

     otherwise, the aggregate of M’s legacy scheme contributions in respect of M’s remediable service in the relevant scheme years;

• “appropriate person” means—

  1. a

     M, or

  2. b

     if M is deceased, M’s personal representatives;

• “operative time” means—

  1. a

     if an election under regulation 12 is made in relation to M’s remediable service, the time the election is made, or

  2. b

     otherwise, the end of the deferred choice election period in relation to M;

• “paid contributions amount” means the aggregate of—

  1. a

     the legacy scheme contributions, or

  2. b

     the 2015 scheme contributions,

  paid by M in relation to M’s remediable service in the relevant scheme years;

• “relevant member” means a member who is—

  1. a

     a deferred choice member, and

  2. b

     a medical practitioner or non-GP provider who paid or would have paid contributions in respect of any scheme year falling within the period of their remediable service in respect of their certified or final pensionable earnings in accordance with—

     1. i

        paragraph 10 of Schedule 2 to the 1995 Regulations;

     2. ii

        regulation 161 of the 2008 Regulations; or

     3. iii

        regulation 37(3)(a) of the 2015 Regulations.

Where this regulation applies, section 17 of PSPJOA 2022 (pension contributions: active and deferred members (deferred correction)) does not apply.