Public Service Pensions and Judicial Offices Act 2022

Changes over time for: Section 23

Alternative versions:

10/03/2022- Amendment
01/10/2023- Amendment
01/10/2023
Point in time

Status:

Point in time view as at 01/10/2023.

Changes to legislation:

There are currently no known outstanding effects for the Public Service Pensions and Judicial Offices Act 2022, Section 23.

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23Power to pay compensationU.K.

This section has no associated Explanatory Notes

(1)The scheme manager for a Chapter 1 legacy scheme may pay amounts by way of compensation in respect of compensatable losses incurred by members or, in the case of deceased members, their personal representatives.

(2)Scheme regulations for a Chapter 1 legacy scheme may make provision under which an employer in relation to the scheme is required to reimburse the scheme manager for amounts paid under subsection (1).

(3)For the purposes of this section a loss incurred by a member, or by a member’s personal representatives, is “compensatable” if and to the extent that—

(a)any of the following three conditions is met, and

(b)the loss is of a description specified in Treasury directions.

(4)The first condition is that the loss is attributable to, or is reasonably regarded as attributable to, a relevant breach of a non-discrimination rule.

(5)The second condition is that the loss is attributable to the application of any provision of, or made under, this Chapter.

(6)The third condition is that—

(a)the member is a relevant member, and

(b)the loss is a Part 4 tax loss that is attributable to the value of rights in respect of remediable service which would, apart from section 2(1), be pensionable service under a Chapter 1 new scheme.

(7)In subsection (6) “relevant member” means a member of the scheme—

(a)who, immediately before the coming into force of section 2(1)—

(i)is a pensioner member of the scheme, or of a Chapter 1 new scheme, in relation to the employment or office, or

(ii)is deceased, and

(b)in respect of whom an election by virtue of section 6 (election for new scheme benefits) has been made.

(8)In this section (subject to subsection (10)) “loss” includes a loss of any kind including, in particular, a Part 4 tax loss.

(9)In this section “Part 4 tax loss”, in relation to a member, means a loss arising as a result of the member—

(a)incurring a charge, or incurring an increased charge, under Part 4 of FA 2004, or

(b)not being entitled to a relief, or being entitled to less relief, under that Part of that Act.

(10)In this section “loss” does not include an amount that is payable under this Chapter or under regulations made by virtue of this Chapter.

(11)In this section “non-discrimination rule” means a rule that is, or at any time was, included in a Chapter 1 scheme by virtue of—

(a)section 61 of EA 2010, or