The Civil Service (Other Crown Servants) Pension Scheme Regulations 2016

Modifications to the 2014 Regulations insofar as they apply in relation to this scheme

10.—(1) This scheme shall operate as if the 2014 Regulations applied in relation to this scheme with the following modifications.

(2) Those Regulations are to be read as if references to–

(a) accrued rights were references to accrued rights under this scheme;

(b) actuarial guidance were references to the equivalent guidance issued under this scheme;

(c) the Civil Service Appeal Board were references to the exceptions committee;

(d) the Civil Service Pension Board established by the 2014 Regulations were references to the Scheme Pension Board;

(e) elections were references to the equivalent election exercised under this scheme;

(f) the employer were references to the Secret Intelligence Service or the Security Service;

(g) the members of the scheme established by regulation 3 of the 2014 Regulations were references to members of this scheme;

(h) options were references to the equivalent options exercised under this scheme;

(i) pension were references to pension under this scheme;

(j) pension age, in any form, were to the equivalent pension age under this scheme;

(k) pensionable service were references to pensionable service under this scheme;

(l) pensionable earnings were references to pensionable earnings in relation to this scheme;

(m) the scheme, or any part of it, established by the 2014 Regulations, were references to this scheme;

(n) the scheme advisory board established by regulation 10 of the 2014 Regulations were references to the scheme advisory board of this scheme;

(o) the scheme actuary appointed under regulation 158 of the 2014 Regulations were references to the scheme actuary appointed under this scheme;

(p) the scheme closing date were to 31st March 2016;

(q) the scheme manager of PSCOPS were references to the scheme manager of this scheme; and

(r) the scheme medical adviser of PSCOPS were references to the scheme medical adviser of this scheme.

(3) References in regulation 2 to–

(a) “Admission Agreement” were omitted;

(b) the “Civil Service Compensation Scheme” were references to the Relevant Compensation Scheme;

(c) “compensation scheme” were references to-

(i) the Relevant Compensation Scheme; or

(ii) a scheme made under section 1(2)(a) of the Act providing for redundancy compensation payments;

(d) “Fair Deal eligible person” and “Fair Deal transfer date” were omitted;

(e) “member” included references to ordinary members and extraordinary members as defined in regulation 2 of these Regulations; and

(f) “the PCSPS” were references to the First, Second, Third and Fourth Connected Schemes, except where this regulation provides otherwise.

(4) After the definition of “sending scheme” in Regulation 2 there was inserted the following definition–

““special post” means those overseas roles in the Secret Intelligence Service designated as special posts by the Secret Intelligence Service from time to time;”

(5) For regulation 3(1)(a) there was substituted “civil servants in fixed term or permanent employment by the Secret Intelligence Service or the Security Service.”.

(6) Regulations 13(1)(b) and (c) were omitted.

(7) For regulation 43(4), there was substituted the following-

“(4) Subject to paragraphs (4A) to (4F), the amount of earned pension for a member for a scheme year is 2.668% of the member’s pensionable earnings for that year.

(4A) The amount of earned pension for a member in a special post for a scheme year is–

(a) in respect of the period during that year that they held a special post, 5.336% of the member’s pensionable earnings for that part of the year; or

(b) in respect of any other period during that year, 2.668% of the member’s pensionable earnings for that part of the year.

(4B) Paragraph (4A)(a) does not apply to a member in a special post after it has applied for a total period of 12 years.

(4C) A member may exercise an option for paragraph (4A)(a) not to apply to them.

(4D) The option in paragraph (4C) may be made at least 6 weeks before the member takes up a special post, and takes effect from the start of the special post.

(4E) A member in a special post who has exercised an option under paragraph (4C) may exercise a further option for paragraph (4A)(a) to apply to that member again.

(4F) The option in paragraph (4E) takes effect on the following 6th April.”.

(8) In the definition of “the member’s assumed period of pensionable service” in regulation 76(3)–

(a) at the end of sub-paragraph (d)(i), “or” was omitted ;

(b) at the end of sub-paragraph (d)(ii), for “and” there was substituted “or”; and

(c) after sub-paragraph (d)(ii), there was inserted–

“for an extraordinary member, the day before the day on which the extraordinary member will reach 60 (assuming that the extraordinary member lives until that age); and”.

(9) For regulation 77(4) there was substituted–

“(4) A review is not required after–

(a) an ordinary member reaches normal pension age; or

(b) an extraordinary member reaches age 60

under this scheme.”.

(10) At the end of regulation 82(6)(b) there was inserted “unless that member is an extraordinary member in which case the difference must be met in full by the member”.

(11) In regulation 130(5)(a)(i) and (ii) for “twice” there was substituted “3 times”.

(12) In regulation 134 of the 2014 Regulations–

(a) the table headed “Scheme Year 1st April 2015 to 31st March 2016” was omitted;

(b) for the table headed “Scheme Year 1st April 2016 to 31st March 2017” there was substituted–

“Scheme Year 1st April 2016 to 31st March 2017

Annualised rate of pensionable earnings	Member contribution rates for transition members from Section II of the First, Second and Fourth Connected Schemes	Member contributions rate for other members
Up to but not including £15,001	2.55%	4.15%
£15,001 to but not including £21,211	4.15%	4.15%
£21,211 to but not including £48,472	5.00%	5.00%
£48,472 to but not including £150,001	6.90%	6.90%
£150,001 and above	7.60%	7.60%”

(c) for the table headed “Scheme Year 1st April 2017 to 31st March 2018” there was substituted–

“Scheme Year 1st April 2017 to 31st March 2018

Annualised rate of pensionable earnings	Member contribution rates for transition members from Section II of the First, Second and Fourth Connected Schemes	Member contributions rate for other members
Up to but not including £15,001	3.35%	4.15%
£15,001 to but not including £21,423	4.15%	4.15%
£21,423 to but not including £51,006	5.00%	5.00%
£51,006 to but not including £150,001	6.90%	6.90%
£150,001 and above	7.60%	7.60%”

(d) for the table headed “Scheme Year 1st April 2018 to 31st March 2019” there was substituted–

“Scheme Year 1st April 2018 to 31st March 2019

Annualised rate of pensionable earnings	Member contribution rates for transition members from Section II of the First, Second and Fourth Connected Schemes	Member contributions rate for other members
Up to but not including £15,001	4.15%	4.15%
£15,001 to but not including £21,637	4.15%	4.15%
£21,637 to but not including £51,516	5.00%	5.00%
£51,516 to but not including £150,001	6.90%	6.90%
£150,001 and above	7.60%	7.60%”

; and

(e) after the table headed “Scheme Year 1st April 2018 to 31st March 2019” there was inserted–

“In respect of a member in a special post to whom regulation 43(4A)(a) applies, the member contributions rate is double the contribution rate in the tables above that would otherwise be applicable to them.”.

(13) At the end of regulation 138, there was inserted “but Schedule 1 does not have effect in relation to extraordinary members.”

(14) For regulation 139(2)(b)(iii) there was substituted–

“(iii) either

(aa) an ordinary member has not reached normal pension age; or

(ab) an extraordinary member has not reached age 60,

under this scheme.”.

(15) In Schedule 1–

(a) the references in that Schedule to PCSPS–

(i) in paragraphs 1 to 24 were references to the First, Second, and Fourth Connected Schemes; and

(ii) in paragraphs 25 to 33 were references to the First and Second Connected Schemes;

(b) in paragraph 3(1)–

(i) after “limit of extra pension” there was inserted “for both ordinary members and extraordinary members”;

(ii) paragraph (a) was omitted;

(c) in paragraph 25(2), for “sub-paragraphs (3) and (4)” there was substituted “sub-paragraphs (3) to (4A)”; and

(d) after paragraph 25(4) was added–

“(4A) An extraordinary member may not exercise an effective pension age option.”.

(16) In Schedule 2–

(a) references in that Schedule to “PCSPS” were references to the First, Second, Third and Fourth Connected Schemes;

(b) after paragraph 6 there were inserted–

“Meaning of “active member of Third Connected Scheme”

6A.— (1) For the purposes of Part 2 of this Schedule, a person (P) is an active member of the Third Connected Scheme on a given date if on that date–

(a) P is in pensionable service under that scheme; or

(b) P is on a gap in service not exceeding 5 years.

(2) For the purpose of sub-paragraph (1)(b), after the closing date for the Third Connected Scheme, P is not on a gap in service while P is in pensionable public service.

(3) In sub-paragraph (2), “the closing date for the Third Connected Scheme” means 31st March 2016.”.

(c) in paragraph 8, after the definition of “active member of the PCSPS” there were inserted–

““active member of the Third Connected Scheme” has the meaning given in paragraph 6A;”;

(d) after paragraph 14(1)(a), there was inserted–

“(aa) P was an active member of the Third Connected Scheme on 31st March 2012;”;

(e) in paragraph 28(1)(a), for “15th August 2014 and ending with 30th September 2014” there was substituted “7th January 2016 and ending with 17th February 2016”;

(f) in paragraph 28(2), for “31st October 2014” there was substituted “18th February 2016”; and

(g) in paragraph 36(3), for the definition of “all relevant appeal rights” there was substituted–

““all relevant appeal rights” includes the arrangements for appeals against a decision of the scheme medical advisers not to give an ill health retirement certificate put in place by the Secret Intelligence Service and Security Service”.