PART 1Introductory provisions

Citation and commencement I11

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.

Annotations:
Commencement Information
I1

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

Interpretation I22

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) 20144;

  • 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 benefits5 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—

    1. a

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

    2. 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—

    1. a

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

    2. 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 member6 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 19727 which is the principal civil service pension scheme within the meaning of Article 4(10) of that Order, and in relation to a member—

    1. a

      the PCSPS(NI)” means the Section of the PCSPS(NI) that is the relevant Chapter 1 legacy scheme8 for the member;

    2. 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 service9 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.

Annotations:
Commencement Information
I2

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

Delegation I33

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