- Latest available (Revised)
- Point in Time (01/10/2023)
- Original (As made)
Point in time view as at 01/10/2023.
There are currently no known outstanding effects for the The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, CHAPTER 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
31.—(1) This Chapter applies in relation to “remediable added pension rights”, being added pension rights secured by a remedy member (“M”) by virtue of—
(a)a lump sum voluntary contribution made during the period of M’s remediable service, or
(b)a voluntary contribution under a periodic arrangement which commenced during the period of M’s remediable service.
(2) In paragraph (1), “added pension rights” and “periodic arrangement” have the meanings given in regulation 26.
Commencement Information
I1Reg. 31 in force at 1.10.2023, see reg. 1(b)
32.—(1) Where M’s remediable added pension rights would, apart from this regulation, be rights to benefits under alpha, the rights—
(a)are not, and are treated as never having been, rights to benefits under alpha, and
(b)are treated as being, and as always having been, rights to benefits under the PCSPS.
(2) Paragraph (1) has effect for the purpose of determining which civil service scheme is (or at any time was) required to pay benefits to or in respect of M’s remediable added pension rights.
(3) Paragraph (4) applies where—
(a)section 2(1) of PSPJOA 2022 has effect in relation to the remediable service of an immediate choice member (“M”),
(b)M secured rights to alpha added pension (within the meaning of regulation 26) by virtue of—
(i)an arrangement under which M paid a lump sum voluntary contribution during the period of M’s remediable service, or
(ii)a periodic arrangement which commenced during the period of M’s remediable service, and
(c)immediately before 1st October 2023, M was a pensioner member in relation to alpha.
(4) Where this paragraph applies—
(a)the rights to alpha added pension mentioned in paragraph (3)(b) are to be treated for the purposes of these Regulations and of PSPJOA 2022 as if those rights were secured by virtue of M’s remediable service, and
(b)section 2(5)(a) of PSPJOA 2022 does not apply in relation to the arrangement by virtue of which M secured the rights to alpha added pension (and, accordingly, section 2(1) of PSPJOA 2022 affects that arrangement).
Commencement Information
I2Reg. 32 in force at 1.10.2023, see reg. 1(b)
33.—(1) Paragraph (2) applies in relation to any benefits (“the paid benefits”) that alpha has at any time paid to a person (“P”) so far as—
(a)they are calculated by reference to remediable added pension rights, and
(b)they are benefits that, as a result of regulation 32(1)(a), P was not entitled to receive.
(2) The paid benefits are to be treated for all purposes—
(a)as not having been paid to P by alpha, but
(b)as having been paid to P instead by the PCSPS.
Commencement Information
I3Reg. 33 in force at 1.10.2023, see reg. 1(b)
34.—(1) This regulation applies in relation to any benefits that have been paid to or in respect of the remediable added pension rights of an immediate choice member.
(2) Where, at the operative time—
(a)the aggregate of benefits that (after taking into account the effect, if any, of regulation 33(2)) have been paid under the PCSPS to any person (“the beneficiary”) in respect of M’s remediable additional rights, exceeds
(b)the aggregate of the benefits to which (after taking into account the effect, if any, of regulations 27(6), 28(4), 29(2) and 32(1)) the beneficiary is entitled under the scheme in respect of the rights,
the beneficiary must pay an amount equal to the difference to the scheme.
(3) Where, at the operative time—
(a)the amount mentioned in paragraph (2)(a), is less than
(b)the amount mentioned in paragraph (2)(b),
the scheme manager must pay an amount equal to the difference to the beneficiary.
(4) In this regulation, “the operative time” means—
(a)if an immediate choice decision is made in relation to M’s remediable service, the time the decision is made;
(b)otherwise, the end of the section 6 election period in relation to M.
Commencement Information
I4Reg. 34 in force at 1.10.2023, see reg. 1(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: