2Remediable service treated as pensionable under Chapter 1 legacy schemesU.K.
(1)A person’s remediable service in an employment or office that would, apart from this subsection, be pensionable service under a Chapter 1 new scheme—
(a)is not, and is treated as never having been, pensionable service under that scheme, and
(b)is treated as being, and as always having been, pensionable service under the relevant Chapter 1 legacy scheme.
For the meaning of “the relevant Chapter 1 legacy scheme”, see section 4.
(2)Where a person has remediable service in multiple employments or offices, subsection (1) applies separately in relation to the person’s remediable service in each of them.
(3)Subsection (1) has effect—
(a)for the purposes of determining which Chapter 1 scheme is (or at any time was) required to pay benefits to or in respect of a member,
(b)for the purposes of determining the amount of any benefits that are (or at any time were) payable under a Chapter 1 scheme to or in respect of a member, and
(c)subject to subsection (4), and to any other provision of this Chapter to the contrary, for all other purposes.
(4)Subsection (1) does not have effect for the purposes of determining the existence or amount of any liability that any member of a Chapter 1 scheme, or any employer in relation to such a scheme, has (or at any time had) to pay pension contributions in respect of a person’s remediable service.
(5)Subsection (1) does not affect—
(a)any arrangements under a Chapter 1 scheme under which a member pays contributions to the scheme on a voluntary basis so as to secure additional benefits, or the earlier payment of benefits, under the scheme, or
(b)any rights under a Chapter 1 scheme in respect of a transfer in to the scheme of an amount in respect of rights accrued under another pension scheme.
(6)For provision disapplying subsection (3)(b), or affecting the time at which that provision applies, in relation to pensioner and deceased members, see section 6 (immediate choice to receive new scheme benefits).
(7)For further provision under which benefits determined by reference to a member’s remediable service may be new scheme benefits, see section 10 (deferred choice to receive new scheme benefits).
Modifications etc. (not altering text)
C1S. 2(1) excluded (6.4.2023) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023 (S.I. 2023/113), regs. 1(2), 3 (with reg. 1(3))
Commencement Information
I1S. 2 in force at Royal Assent for specified purposes, see s. 131(1)
I2S. 2 in force at 1.10.2023 in force in so far as not already in force (or on such earlier day as may be appointed), see s. 131(2)(a)(b)