Public Service Pensions and Judicial Offices Act 2022

4 Meaning of “the relevant Chapter 1 legacy scheme” etc

(1) In this Chapter “the relevant Chapter 1 legacy scheme”, in relation to a person’s remediable service in an employment or office, means the Chapter 1 legacy scheme for people in that employment, or holders of that office, under which (disregarding section 2(1)) the person most recently accrued pensionable service.

This is subject to subsections (2) to (8).

(2) In a case in which—

(a) on or before the closing date, the person opted that their service in the employment or office in question should no longer be pensionable service under the Chapter 1 legacy scheme mentioned in subsection (1),

(b) on the closing date, the rules of that scheme prohibited a person from becoming an active member of the scheme, and

(c) on that date, the rules of another Chapter 1 legacy scheme for people in the employment, or holders of the office, in question did not include such a prohibition,

“the relevant Chapter 1 legacy scheme”, in relation to the person’s remediable service in the employment or office, means the Chapter 1 legacy scheme mentioned in paragraph (c).

(3) In a case in which—

(a) at any time after the closing date, the person—

(i) opted that their service in the employment or office in question should no longer be pensionable service under a Chapter 1 scheme, or

(ii) ceased to be in service in the employment or office in question,

(b) at any later time before 1 April 2022, the person—

(i) opted that their service in the employment or office in question should again be pensionable service under a Chapter 1 scheme, or

(ii) resumed service in the employment or office in question,

(c) at that time, the rules of the Chapter 1 legacy scheme mentioned in subsection (1) prohibited a person from becoming an active member of the scheme, and

(d) at that time, the rules of another Chapter 1 legacy scheme for people in the employment, or holders of the office, in question did not include such a prohibition,

“the relevant Chapter 1 legacy scheme”, in relation to the person’s remediable service in the employment or office that takes place after the time mentioned in paragraph (b), means the Chapter 1 legacy scheme mentioned in paragraph (d).

(4) In a case in which any of the person’s remediable service in the employment or office in question is excess teacher service, “the relevant Chapter 1 legacy scheme”, in relation to so much of the person’s remediable service as is excess teacher service, means the local government new scheme mentioned in section 110(2).

(5) Subsection (6) applies in a case in which—

(a) the person never accrued pensionable service as mentioned in subsection (1), or

(b) paragraphs (a) and (b) of subsection (2) apply, but no Chapter 1 legacy scheme falls within paragraph (c) of that subsection.

(6) Where this subsection applies, “the relevant Chapter 1 legacy scheme”, in relation to the person’s remediable service in the employment or office, means the Chapter 1 legacy scheme for people in the employment, or holders of the office, in question that the person would have been eligible to join on 31 March 2012 if, on that date, the person—

(a) had been in that employment or a holder of that office, and

(b) had met all other conditions as to eligibility (if any).

(7) Subsection (8) applies in a case in which paragraphs (a) to (c) of subsection (3) apply, but no Chapter 1 legacy scheme falls within paragraph (d) of that subsection.

(8) Where this subsection applies, “the relevant Chapter 1 legacy scheme”, in relation to the person’s remediable service in the employment or office that takes place after the time mentioned in subsection (3)(b), means the Chapter 1 legacy scheme for people in the employment, or holders of the office, in question that the person would have been eligible to join on 31 March 2012 if, on that date, the person—

(a) had been in that employment or a holder of that office, and

(b) had met all other conditions as to eligibility (if any).

(9) Remediable service that is treated under section 2(1) as pensionable service under a Chapter 1 legacy scheme is, if the scheme has different sections or otherwise makes different provision in relation to different people, treated as pensionable service under—

(a) the section or provision of the scheme under which the person most recently accrued pensionable service (disregarding section 2(1)), or

(b) if the person has not (disregarding section 2(1)) accrued pensionable service under the scheme, the section or provision under which the person would have accrued service if on 31 March 2012 the person had been in service in the employment or in the office in question, and had joined the scheme on that date.