The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023

PART 1 N.I. Introductory provisions

Citation and commencement N.I.

1.  These Regulations—

(a) may be cited as the Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023;

(b) come into operation on 1st October 2023.

Commencement Information

I1 Reg. 1 in operation at 1.10.2023, see reg. 1(b)

Interpretation N.I.

2.—(1) In these Regulations—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“the 2014 Regulations” means the Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014(1);

“the PSP Directions 2023” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023;

“alpha” means the pension scheme established by the 2014 Regulations;

“alpha benefits” means new scheme benefits(2) under alpha;

“civil service scheme” means alpha or the PCSPS(NI);

“deferred choice decision” has the meaning given in regulation 12(1);

“deferred choice decision-maker” means the person who may make a deferred choice decision under regulation 12(2);

“deferred choice member” means a member with remediable service who is not an immediate choice member;

“end of the section 10 election period”, in relation to a deferred choice member, means the end of the day determined in accordance with—

(a)

where the member is the deferred choice decision-maker, regulation 13(1)(b);

(b)

where a person other than the member is the deferred choice decision-maker, regulation 13(4)(b);

“immediate choice decision” has the meaning given in regulation 8(1);

“immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2);

“immediate choice member” means a member with remediable service who, immediately before 1st October 2023, was deceased or entitled to the present payment of a pension, other than an excluded pension, under a civil service scheme; and “excluded pension” means a pension the rate of which—

(a)

is not determined (by any extent) by reference to the member’s remediable service, and

(b)

is not affected by the coming into force of section 2(1) of PSPJOA 2022;

“member” means an active, deferred, deceased or pensioner, but not a pension credit member(3) of a civil service scheme;

“opted-out service election” has the meaning given in regulation 6(1);

“the PCSPS(NI)” means the pension scheme made under Article 3 of the Superannuation (Northern Ireland) Order 1972(4) which is the principal civil service pension scheme within the meaning of Article 4(10) of that Order, and in relation to a member—

(a)

“the PCSPS(NI)” means the Section of the PCSPS(NI) that is the relevant Chapter 1 legacy scheme(5) for the member;

(b)

“PCSPS(NI) benefits” means benefits under the PCSPS(NI);

“remediable service”, in relation to a member, means (except in this definition) the member’s remediable service(6) in an employment or office that is pensionable service under a civil service scheme;

“remedy member” means a deferred choice member or an immediate choice member;

“the scheme manager” means the Department of Finance;

“Section I” means Section I of the PCSPS(NI);

“Section II” means Section II of the PCSPS(NI);

“Section III” means Section III of the PCSPS(NI);

“section 6 election” has the meaning given in regulation 8(1)(a);

“section 10 election” has the meaning given in regulation 12(1)(a).

(2) For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of a civil service scheme.

(3) A term used in these Regulations which—

(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and

(b) is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

(4) A term used in these Regulations which—

(a) is defined in the 2014 Regulations, Section I, Section II or Section III (a “relevant scheme”), and

(b) is not defined differently in—

(i) these Regulations, or

(ii) in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,

has, in relation to the relevant scheme, the meaning given in that scheme.

(5) In these Regulations, a reference to a provision of the PSP Directions 2023 is a reference to that provision as amended from time to time.

Commencement Information

I2 Reg. 2 in operation at 1.10.2023, see reg. 1(b)

Delegation N.I.

3.  The scheme manager may delegate any functions of the scheme manager under these Regulations, including this power to delegate.

Commencement Information

I3 Reg. 3 in operation at 1.10.2023, see reg. 1(b)

(1)

S.R. 2014 No. 290.

(2)

See section 34 of PSPJOA 2022 for the meaning of “new scheme benefits”.

(3)

See section 19(7) of PSPJOA 2022 for the meanings of “pension debit” and “pension credit”.

(4)

1972 No. 1073 (N.I. 10).

(5)

See section 4 of PSPJOA 2022 for the meaning of “the relevant Chapter 1 legacy scheme”.

(6)

See section 1 of PSPJOA 2022 for the meaning of “remediable service”.