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

CHAPTER 2 N.I. Immediate choice decision for alpha or PCSPS(NI) benefits

Application of Chapter 2 N.I.

7.—(1) This Chapter applies in respect of the remediable service of an immediate choice member (“ M”).

(2) Where M has remediable service in multiple employments or offices, this Chapter applies separately in relation to the remediable service in each employment or office.

Commencement Information

I1 Reg. 7 in operation at 1.10.2023, see reg. 1(b)

Immediate choice decision for alpha or PCSPS(NI) benefits: general N.I.

8.—(1) A decision (an “immediate choice decision”) may be made in accordance with this Chapter—

(a) to make an election (a “section 6 election”) by virtue of section 6 of PSPJOA 2022 in relation to M’s remediable service, or

(b) that no section 6 election is to be made in relation to that service.

(2) An immediate choice decision may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.

(3) An immediate choice decision made by—

(a) a person other than the scheme manager is made when it is received by the scheme manager in a form and manner determined by the scheme manager;

(b) the scheme manager is made at the time determined by the scheme manager.

(4) An immediate choice decision may only be made before the end of the section 6 election period(1).

(5) An immediate choice decision is irrevocable.

(6) An immediate choice decision to make a section 6 election takes effect as a section 6 election (see sections 6(5) and (7), 7(1)(b) and 9 of PSPJOA 2022 about the effect of a section 6 election).

(7) Paragraph (8) applies where—

(a) immediately before 1st October 2023, M has remediable service in alpha (“alpha service”), and

(b) an immediate choice decision is made that no section 6 election is to be made in relation to M’s remediable service.

(8) Where this paragraph applies, section 6(4) of PSPJOA 2022 does not apply in relation to M’s alpha service (and, accordingly, section 2(1) of PSPJOA 2022 has effect in relation to M’s alpha service for the purposes mentioned in section 2(3)(b) of that Act from the time the immediate choice decision mentioned in paragraph (7)(b) is made).

(9) The following provisions of PSPJOA 2022 have effect in relation to an immediate choice decision that no section 6 election is to be made as they have effect in relation to a section 6 election—

(a) section 6(7) (section 6 election has effect in respect of all remediable service in the employment or office);

(b) section 7(1)(b) (provision about when a section 6 election is to be treated as having taken effect);

(c) section 9 (provision about persons with remediable service in more than one Chapter 1 legacy scheme).

Commencement Information

I2 Reg. 8 in operation at 1.10.2023, see reg. 1(b)

Immediate choice decision: additional requirements N.I.

9.—(1) This regulation applies where the immediate choice decision-maker (“ D”) is a person other than the scheme manager.

(2) An immediate choice decision may not be made unless a remediable service statement has been provided to D in accordance with regulation 4(2)(a).

(3) An immediate choice decision is to be treated as having been made only if D provides any information specified in a written request from the scheme manager that is—

(a) information in D’s possession, or

(b) information which D can reasonably be expected to obtain.

Commencement Information

I3 Reg. 9 in operation at 1.10.2023, see reg. 1(b)

Immediate choice decision: deemed section 6 election N.I.

10.—(1) A section 6 election is treated as made in relation to M’s remediable service immediately before the end of the section 6 election period where—

(a) the end of the section 6 election period in relation to M has passed,

(b) no immediate choice decision has been made in relation to M’s remediable service, and

(c) condition A or B is met.

(2) Condition A is met where all of M’s remediable service was in alpha.

(3) Condition B is met where—

(a) M’s remediable service was mixed service, and

(b) the scheme manager determines, having consulted the scheme actuary, that the value of benefits payable in relation to M’s remediable service would be greater if payable as alpha benefits than if they were payable as PCSPS(NI) benefits.

Commencement Information

I4 Reg. 10 in operation at 1.10.2023, see reg. 1(b)

(1)

See section 7(2) of PSPJOA 2022 for the meaning of “the end of the section 6 election period”.