PART 1Public service pension schemes

CHAPTER 3Local government schemes

Remediable service

I1I277Meaning of “remediable service”

1

For the purposes of this Chapter any continuous period of service of a person in an employment or office is “remediable service” in that employment or office if the following four conditions are met.

2

In this section “the service in question” means the service mentioned in subsection (1).

3

The first condition is that the service in question takes place in the period—

a

beginning with the day after the closing date, and

b

ending with 31 March 2022 or, if earlier, the date on which the person attains legacy scheme normal pension age.

4

The second condition is that the service in question is pensionable service under a local government new scheme (including where the service is excess teacher service that is so pensionable by virtue of section 2(1)).

5

The third condition is that the person was, on 31 March 2012 or any earlier day, in pensionable service under—

a

a Chapter 1 legacy scheme (within the meaning of Chapter 1),

b

a judicial legacy scheme (within the meaning of Chapter 2), or

c

a local government legacy scheme.

6

The fourth condition is that there is no disqualifying gap in service falling within the period—

a

beginning with the day after the most recent day in relation to which the third condition is met, and

b

ending with the day before the first day of the service in question.

7

In subsection (3)—

  • “the closing date” means—

    1. a

      31 March 2014 in relation to service which is pensionable service under regulations under section 7 of SA 1972 which relate to persons in England and Wales;

    2. b

      31 March 2015 in relation to service which is pensionable service under any other local government new scheme;

  • “legacy scheme normal pension age” means—

    1. a

      in a case in which the person meets the third condition in relation to a local government legacy scheme, the person’s normal pension age under that scheme;

    2. b

      otherwise, the age of 65.

8

In subsection (6) “disqualifying gap in service” means a period longer than 5 years at no time during which is the person in service in an employment or office which—

a

is pensionable service under—

i

a Chapter 1 scheme (within the meaning of Chapter 1),

ii

a judicial scheme (within the meaning of Chapter 2), or

iii

a local government scheme,

b

is, as a result of a Fair Deal transfer, pensionable service under a Fair Deal scheme, or

c

is, as a result of a local government contracting-out transfer, pensionable service under a pension scheme that offers pension arrangements that are broadly comparable with those offered to the person before the transfer.