Search Legislation

Advanced Search

The National Health Service Pension Schemes (Remediable Service) Regulations 2023

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 General provisions

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART 2 Remediable service

    1. 3.Pension contributions of medical practitioners and non-GP providers: deferred choice members (immediate correction)

    2. 4.Pension contributions of medical practitioners and non-GP providers: immediate choice members and deceased members

    3. 5.Pension contributions of medical practitioners and non-GP providers: deferred choice members

    4. 6.Remediable service statements

  4. PART 3 Elections

    1. 7.Eligibility to make an election: designated persons

    2. 8.Election for retrospective provision to apply to opted-out service

    3. 9.Election for 2015 scheme benefits: immediate choice members and deceased members

    4. 10.Pension benefits and lump sum benefits: immediate choice members and deceased members

    5. 11.Continuation of pensions: immediate or deferred choice election: dependent and eligible children of a remedy member

    6. 12.Election for 2015 scheme benefits: deferred choice members and deceased members

    7. 13.Pension benefits and lump sum benefits: deferred choice election: pensioner and deceased members

  5. PART 4 Voluntary contributions

    1. 14.Interpretation of Part 4

    2. 15.Elections to pay contributions for additional pension: where they must be treated as if paid under a corresponding option exercised under the 1995 Regulations or the 2008 Regulations

    3. 16.Treatment of contributions paid after 31st March 2022 under a corresponding option exercised in accordance with regulation 15(2)(b)

    4. 17.Treatment of a corresponding option exercised in accordance with regulation 15 on the making of a deferred choice election for 2015 scheme benefits under regulation 12

    5. 18.Treatment of buy-out contributions made under 2015 regulation 48: deferred choice members

    6. 19.Treatment of additional contributions made under the legacy scheme: deferred choice members

    7. 20.Treatment of additional contributions made under the legacy scheme: immediate choice members and deceased members

    8. 21.Treatment of additional contributions made under the 2015 scheme: immediate choice members and deceased members

    9. 22.Treatment of buy-out contributions made under 2015 regulation 48: immediate choice members and deceased members

    10. 23.Remedial arrangements to pay voluntary contributions to secure legacy scheme additional pension

    11. 24.Revocation of cancellation of arrangement or option to secure legacy scheme additional service or additional pension

  6. PART 5 Divorce or the dissolution of a civil partnership

    1. 25.Interpretation of Part 5

    2. 26.Pension debits: valuation of pension benefits before 1st October 2023: deferred choice members (immediate alternative debit of appropriate amount)

    3. 27.Pension debits: valuation of pension benefits before 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members and deceased members

    4. 28.Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members

    5. 29.Pension debits: deferred choice election for 2015 scheme benefits: deferred choice members

    6. 30.Valuation of pension benefits on or after 1st October 2023

    7. 31.Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members

    8. 32.Pension debits: valuation of pension benefits on or after 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members

    9. 33.Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme only or the 2015 scheme only

    10. 34.Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme and the 2015 scheme

    11. 35.Pension credits: pensioner and deceased relevant pension credit members

    12. 36.Pension credits: valuation of pension benefits on or after 1st October 2023: creation of a pension credit

  7. PART 6 Transfers

    1. 37.Interpretation of Part 6

    2. 38.Treatment of transfer and transfer value payments made to the 1995 Section or the 2008 Section that are not made under public sector transfer arrangements

    3. 39.Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as transfer payments under the 1995 Section or transfer value payments under the 2008 Section: deferred choice members

    4. 40.Transfer value payments in accordance with regulation 39: variation of the member’s rights on the making of a deferred choice election

    5. 41.Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as if accepted under the legacy scheme: immediate choice members and deceased members

    6. 42.Treatment of transfer and transfer value payments and statements accepted from other and corresponding health service schemes

    7. 43.Transferred out remediable service statements

    8. 44.Remediable transfer value payments made before 1st October 2023

    9. 45.Remediable transfer value payments made on or after 1st October 2023 that are not made under public sector transfer arrangements

    10. 46.Transfers of remediable rights in the legacy scheme to the 2015 scheme before 1st October 2023

    11. 47.Transfers of remediable rights in the legacy scheme to the 2015 scheme on or after 1st October 2023

    12. 48.Remediable transfer value payments accepted from other public service schemes but not accepted under the public sector transfer arrangements

    13. 49.Remediable club transfer value payments made before 1st October 2023

    14. 50.Remediable club transfer value payments made on or after 1st October 2023

    15. 51.Remediable club transfer value payments accepted before 1st October 2023

    16. 52.Remediable club transfer value payments accepted on or after 1st October 2023

    17. 53.Application and interpretation of regulations 54 to 56

    18. 54.Transferred in remediable rights treated as rights under the legacy scheme

    19. 55.Varying the value of benefits secured by virtue of transferred in remediable rights

    20. 56.Benefits already paid in relation to transferred in remediable rights

  8. PART 7 Taxation

    1. 57.Interpretation of Part 7

    2. 58.Scheme administrator to be liable where private sector scheme administrator’s liability is discharged

    3. 59.The 2019/20 Pensions Annual Allowance Charge Compensation Scheme

    4. 60.Scheme pays

  9. PART 8 Compensation

    1. 61.Applications for compensation or indirect compensation

    2. 62.Indirect compensation

  10. PART 9 Interest and the payment, reduction or waiver of liabilities

    1. 63.Application and interpretation of Part 9

    2. 64.Interest and process

    3. 65.Interest not payable under the 1995 Regulations or the 2008 Regulations

    4. 66.Netting off of liabilities

    5. 67.Payments of amounts owed to the scheme

    6. 68.Payments of amounts owed to a person

    7. 69.Power to reduce or waive amounts owed by a person to the legacy scheme

  11. PART 10 Immediate detriment remedy

    1. 70.Immediate detriment

  12. PART 11 Revocation of election to convert pensionable service under the legacy scheme

    1. 71.Option to revoke election to convert pensionable service under the legacy scheme

  13. PART 12 Retirement pensions

    1. 72.Premature retirement in the interests of efficiency

    2. 73.Premature retirement on grounds of redundancy

    3. 74.Partial retirement: immediate choice members

    4. 75.Partial retirement: deferred choice members

    5. 76.Determining whether a member meets the ill-health criteria in each scheme

    6. 77.Ill-health pension: acceptance of retrospective applications

  14. PART 13 Consequential amendments

    1. 78.Consequential amendments of the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations

  15. Signature

    1. SCHEDULE 1

      Immediate detriment remedy

      1. 1.Application of this Schedule

      2. 2.Application of provisions within sections 2 to 30 of PSPJOA 2022 in relation to an immediate detriment remedy member

      3. 3.Pension contributions of medical practitioners and non-GP providers: immediate detriment remedy members

      4. 4.Pension benefits and lump sum benefits: immediate detriment remedy member

      5. 5.Remediable service statement in respect of an immediate detriment remedy member

      6. 6.Reimbursement of the NHS Business Services Authority

    2. SCHEDULE 2

      Amendments of the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations

      1. 1.Amendment of the 1995 Regulations

      2. 2.Amendment of the 2008 Regulations

      3. 3.Amendment of the 2015 Transitional Regulations

  17. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources