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

Aggregation of PCSPS(NI) membership N.I.

61.—(1) This regulation applies in relation to a remedy member (“ M”)—

(a) who left pensionable service under Section I, Section II or Section III (“the relevant Section”) before 1st April 2022,

(b) who, during the period beginning with 1st April 2015 and ending at the end of 31st March 2022, began service (“subsequent service”) in an employment or office which was pensionable under alpha,

(c) whose subsequent service would, but for a relevant breach of a non-discrimination rule, have been pensionable under the relevant Section, and

(d) who would, had their subsequent service been pensionable under the relevant Section, have been entitled to exercise an aggregation option.

(2) When making a relevant remedy decision, the relevant decision-maker may elect that M’s eligible remediable service is to be treated as if an aggregation option had been exercised in relation to that service.

(3) An election under paragraph (2) may only be made and revoked in the same circumstances as the relevant remedy decision.

(4) Where an election is made under paragraph (2), M’s eligible remediable service is to be treated for all purposes as if the aggregation option had been exercised in relation to that service.

(5) In this regulation—

“aggregation option” means—

(a)

where the relevant Section is Section I, an option in accordance with rule G.2, G.3 or G.4 of that Section;

(b)

where the relevant Section is Section II, an option in accordance with rule 3.38 of that Section;

(c)

where the relevant Section is Section III, an option in accordance with rule H.5 of that Section.

“eligible remediable service” means so much of M’s remediable service as was, immediately before 1st April 2022, service under alpha;

“relevant decision-maker” means, where M is—

(a)

an immediate choice member, the immediate choice decision-maker;

(b)

a deferred choice member, the deferred choice decision-maker;

“relevant remedy decision” means—

(a)

an immediate choice decision that no section 6 election is to be made in relation to M’s remediable service, or

(b)

a deferred choice decision that no section 10 election is to be made in relation to M’s remediable service.

Commencement Information

I1 Reg. 61 in operation at 1.10.2023, see reg. 1(b)