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The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

Type Statutory-Instrument

Publication 2023-09-04

Last updated 2025-11-17

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) M’s transferred in remediable rights are treated as rights to benefits under the PCSPS by virtue of regulation 49(1)(b),

the scheme manager must vary the value of those rights so that they are of an equivalent value to rights M would have secured under the PCSPS if the rights had been transferred into that scheme.

(4) A variation under paragraph (3) is to be treated as having taken effect on the earlier of—

(a) the time that an immediate choice decision (including a deemed section 6 election) is treated as having taken effect in relation to M’s remediable service, and

(b) the end of the section 6 election period in relation to M.

(5) Where—

(a) the benefits payable to or in respect of M’s remediable service are alpha benefits by virtue of a section 6 election (including a deemed section 6 election) or a section 10 election, and

(b) the benefits payable in relation to M’s transferred in remediable rights would otherwise be PCSPS benefits,

the scheme manager must vary the value of those rights so that they are of an equivalent value to rights M would have secured under alpha if the rights had been transferred into that scheme.

(6) Where the scheme manager is required to vary the value of any rights under this regulation so that they are of an equivalent value to rights that would have been secured in another scheme (“the alternative scheme”), the scheme manager must—

(a) where the rights were secured by virtue of a remediable transfer value, first consult the scheme actuary, and

(b) calculate the varied value of the rights as if the remediable value which originally secured rights under a civil service scheme were transferred into the alternative scheme in the relevant pension year that the transfer occurred.

(7) In paragraph (6), “relevant pension year” has the meaning given by direction 4(14)(f)(i) of the PSP Directions 2022.

Benefits already paid in relation to transferred in remediable rights

51

(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 P’s, or any other person’s, transferred in remediable rights, and

(b) they are benefits that, as a result of regulation 49(1)(a), P was not entitled to receive from alpha.

(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.

Pension benefits and lump sum benefits in relation to transferred in remediable rights

52

(1) This regulation applies in relation to any benefits that have been paid to or in respect of the transferred in remediable rights of an immediate choice member (“M”).

(2) Where, at the operative time—

(a) the aggregate of benefits that (after taking into account the effect, if any, of regulation 51(2)) have been paid under the PCSPS to any person (“the beneficiary”) in respect of M’s transferred in remediable rights, exceeds

(b) the aggregate of the benefits to which (after taking into account the effect, if any, of regulation 50(3) or (5) in relation to the rights) 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.

PART 7 — Provision about special cases

CHAPTER 1 — Ill-health retirement

Application and interpretation of Chapter 1

53

(1) This Chapter applies in relation to a remedy member (“M”) in respect of whom a process of assessment to determine M’s entitlement to ill-health benefits began during the period of M’s remediable service.

(2) In this Chapter—

“alternative scheme” means, in relation to a person who has been assessed for entitlement to ill-health benefits under— the PCSPS, alpha; alpha, the PCSPS;

“ill-health benefits” means— the following under rule D.4 of Section I— a lower tier pension (“Section I lower tier”), or a lower tier pension and an upper tier top up pension (“Section I upper tier”); an ill health pension, whether or not with a lump sum, under rule 3.4 of Section II (“Section II ill health benefits”); the following under rule E.7 of Section III— a lower tier earned pension (“Section III lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“Section III upper tier”); the following under regulation 74 of the 2014 Regulations— a lower tier earned pension (“alpha lower tier”), or a lower tier earned pension and an upper tier top up earned pension (“alpha upper tier”);

“IHR criteria” means the requirements in connection with a person’s health imposed by the PCSPS or (as the case may be) the 2014 Regulations for entitlement to ill-health benefits;

“initial assessment” means the process of assessment mentioned in paragraph (1);

“relevant time” means the time when the initial assessment was finally determined, and “finally determined” means— it has been determined that the member meets the IHR criteria in a civil service scheme, or it has been determined that the member does not meet the ill-health retirement criteria of that scheme, and all routes for disputing that determination have been exhausted (including where any deadline for initiating a dispute has passed and no dispute has been initiated);

“remediable ill-health benefits” means ill-health benefits payable in relation to M’s remediable service.

Whether M meets the IHR criteria in M’s alternative scheme

54

(1) Where, pursuant to the initial assessment, it has been finally determined that—

(a) M meets the IHR criteria for alpha upper tier, M is to be deemed to meet whichever of the following is the IHR criteria in M’s relevant Chapter 1 legacy scheme—

(i) Section I upper tier;

(ii) Section II ill health benefits;

(iii) Section III upper tier;

(b) M meets the IHR criteria for alpha lower tier, M is to be deemed to meet whichever of the following is the IHR criteria in M’s relevant Chapter 1 legacy scheme—

(i) Section I lower tier;

(ii) Section II ill health benefits;

(iii) Section III lower tier;

(i) Section III lower tier, M is to be deemed to meet the IHR criteria for alpha lower tier;

(ii) Section III upper tier, M is to be deemed to meet the IHR criteria for alpha upper tier;

(d) M satisfies the severe ill-health condition, M is to be deemed to meet the IHR criteria for all ill-health benefits in both alpha and the PCSPS;

(e) M does not meet the IHR criteria for—

(i) Section I lower tier, Section II ill health benefits or Section III lower tier, M is to be deemed to not meet the IHR criteria for alpha lower tier or alpha upper tier;

(ii) Section I upper tier or Section III upper tier, M is to be deemed to not meet the IHR criteria for alpha upper tier.

(2) Where, pursuant to the initial assessment, it has been finally determined that—

(a) M meets the IHR criteria for alpha lower tier, and—

(i) M’s relevant Chapter 1 legacy scheme is not Section II, and

(ii) it has not been determined that M satisfies the severe ill-health condition,

the scheme manager must determine whether M, at the relevant time, met the IHR criteria for whichever of Section I upper tier or Section III upper tier is the IHR criteria in M’s relevant Chapter 1 legacy scheme;

(b) M meets the IHR criteria for Section I lower tier, Section I upper tier or Section II ill health benefits and it has not been determined that M satisfies the severe ill-health condition, the scheme manager must determine whether M, at the relevant time, met the IHR criteria for alpha lower tier or alpha upper tier;

(c) M does not meet the IHR criteria for alpha lower tier or alpha upper tier, the scheme manager must determine whether M, at the relevant time, met the IHR criteria for whichever of the following is M’s relevant Chapter 1 legacy scheme—

(i) Section I lower tier and Section I upper tier;

(ii) Section II ill health benefits;

(iii) Section III lower tier and Section III upper tier.

(3) Paragraphs (1) and (2) do not apply where—

(a) it has been finally determined, pursuant to the initial assessment, that M meets the IHR criteria for alpha lower tier or alpha upper tier, and

(b) at the relevant time, M had reached the pension age that would have applied to M had M been a member of the PCSPS.

(4) In making a determination required by paragraph (2), the scheme manager must—

(a) obtain the opinion of the scheme medical adviser about whether M met the applicable IHR criteria at the relevant time, and

(b) treat the opinion of the scheme medical adviser as conclusive of that question.

(5) In forming an opinion for the purpose of paragraph (4), the scheme medical adviser may only have regard to—

(a) the report (the “outcome report”) produced pursuant to the initial assessment on the basis of which it was determined whether M met, or did not meet, any IHR criteria;

(b) where no outcome report is available, any other evidence which—

(i) relates to the question of M’s entitlement to ill-health benefits which was, or could have been, available at or before the relevant time, and

(ii) the scheme manager considers relevant to that question.

(6) For the purposes of this regulation, M satisfies the severe ill-health condition if M is a person described in any of section 229(4)(a) to (c) of the FA 2004[^f00022].

Deferred choice members entitled to ill-health benefits in their alternative scheme only

55

(1) This regulation applies where—

(a) it was finally determined, pursuant to the initial assessment, that M was not entitled to any ill-health benefits under alpha,

(b) it is determined, pursuant to regulation 54, that at the relevant time M met the IHR criteria in whichever of Section I, Section II or Section III is M’s relevant Chapter 1 legacy scheme, and

(2) The scheme manager must, as soon as reasonably practicable following the determination mentioned in paragraph (1)(b), send to M a written notice setting out—

(a) that an election (an “immediate IHR election”) may be made,

(b) the time by which an immediate IHR election must be received by the scheme manager, and

(3) M may make an immediate IHR election by sending notice of the election to the scheme manager—

(a) in a form and manner determined by the scheme manager, and

(b) so that it is received by the scheme manager no later than the end of the period of three months beginning with the day on which the notice mentioned in paragraph (2) is issued.

(4) Where an immediate IHR election is made, M is, subject to paragraph (5), to be treated—

(a) for all purposes as if a deferred choice decision has been made that no section 10 election is to be made in relation to M’s remediable service (and, accordingly, the benefits payable in relation to M’s remediable service are PCSPS benefits),

(b) as not being entitled to any benefits in respect of service in an employment or office which—

(i) took place on or after 1st April 2022, and

(ii) is pensionable service under alpha;

(d) as being entitled to the payment of ill-health benefits which are—

(i) of an amount that would have been determined under the PCSPS if the relevant time had been 31st March 2022, and

(ii) payable—

(aa) from alpha, and

(bb) from the day after M’s last day of service in an employment or office which is capable of being pensionable service in a civil service scheme.

(5) Where M does not leave all service in an employment or office which is capable of being pensionable service in a civil service scheme before—

(a) the end of the period of three months beginning with the day on which notice of the immediate IHR election is received by the scheme manager, or

(b) such later time as the scheme manager considers reasonable in all the circumstances,

M is to be treated as if the immediate IHR election had not been made (and no subsequent immediate IHR election may be made).

(6) An immediate IHR election is irrevocable.

(7) The provisions of Chapter 1 of PSPJOA 2022 and of these Regulations about the timing and effect of, as the case may be, a deferred choice decision and a section 10 election apply subject to this regulation.

Remedy members entitled to ill-health benefits in their alternative scheme only

56

(1) This regulation applies where—

(a) it was finally determined, pursuant to the initial assessment, that M was not entitled to any ill-health benefits under alpha,

(b) it is determined, pursuant to regulation 54, that at the relevant time M met the IHR criteria in whichever of Section I, Section II or Section III is M’s relevant Chapter 1 legacy scheme, and

(2) Where the benefits payable in relation to M’s remediable service are, by virtue of these Regulations and PSPJOA 2022, PCSPS benefits, M is to be treated as entitled to the payment of ill-health benefits—

(a) of an amount that would have been determined under the PCSPS if the relevant time had been 31st March 2022, and

(b) payable—

(i) from alpha, and

(ii) from the day M became a pensioner member of alpha in relation to their remediable service.

(3) M is not entitled to the payment of ill-health benefits from the PCSPS.

Remedy members with provisional awards of ill-health pension

57

(1) This regulation applies in relation to a remedy member who, immediately before 1st October 2023, is treated as being entitled to ill-health benefits pursuant to—

(a) rule D.6 of Section I;

(b) rule E.11 of Section III;

(2) The scheme manager must—

(a) determine whether M meets the IHR criteria in M’s alternative scheme, and

(b) in making that determination, obtain the opinion of the scheme medical adviser about whether M meets the IHR criteria in M’s alternative scheme.

Disapplication of certain requirements

58

(1) This regulation applies where, by virtue of these Regulations or PSPJOA 2022, ill-health benefits determined by reference to a remedy member’s alternative scheme are payable to a person.

(2) Such ill-health benefits are payable irrespective of non-compliance with a requirement imposed by the PCSPS or the 2014 Regulations for—

(a) the scheme manager to approve an entitlement to ill-health benefits;

(b) a person to make an application in relation to an entitlement to ill-health benefits.

CHAPTER 2 — Miscellaneous special cases

Protection of the amount of pension in payment to an eligible child

59

(1) This regulation applies where—

(a) immediately before 1st October 2023, a pension (a “child pension”) is in payment to an eligible child (“E”) in respect of the remediable service of a deceased member (“M”),

(b) there is a surviving adult (“S”) in relation to the deceased member,

(d) S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the rate of the child pension payable to E in respect of M’s remediable service.

(2) Where this regulation applies—

(a) E does not owe the scheme manager a liability under section 14(3) of PSPJOA 2022 in respect of the child pension, and

(b) the rate of the child pension continues to be the rate that was payable before the immediate choice decision was made.

Modification of nomination rules for Section II members

60

(1) The regulation applies in relation to a remedy member (“M”) who is entitled to nominate a person under rule 3.8 of Section II to receive a death benefit.

(2) Rule 3.8 of Section II applies as if it allows—

(a) M to nominate—

(i) one or more individuals,

(ii) one incorporated or unincorporated body, or

(iii) one or more individuals and one incorporated or unincorporated body, and

(b) for the nomination to specify how payments are to be apportioned between—

(i) two or more individuals or,

(ii) one or more individuals and one incorporated or unincorporated body.

(3) Where—

(a) M has made a nomination (“the original nomination”) in relation to remediable service in alpha pursuant to regulation 122 of the 2014 Regulations, and

(b) M is, by virtue of the operation of PSPJOA 2022 or these Regulations, entitled to nominate a person under rule 3.8 of Section II in relation to that remediable service,

the original nomination continues as if it were made under rule 3.8 of Section II as that rule applies by virtue of paragraph (2).

Aggregation of PCSPS membership

61

(1) This regulation applies in relation to a remedy member (“M”)—

(a) who left pensionable service under Section I, Section II or Section III (“the relevant Section”) before 1st April 2022,

(b) who, during the period beginning with 1st April 2015 and ending at the end of 31st March 2022, began service (“subsequent service”) in an employment or office which was pensionable under alpha,

(c) whose subsequent service would, but for a relevant breach of a non-discrimination rule, have been pensionable under the relevant Section, and

(d) who would, had their subsequent service been pensionable under the relevant Section, have been entitled to exercise an aggregation option.

(1A) Paragraphs (1B) and (1C) apply where—

(a) M is a deferred choice member,

(b) one of regulations 38, 41 or 42 of these Regulations applies in respect of M, and

(1B) M may elect, in accordance with paragraph (1C), that M’s eligible remediable service is to be treated as if an aggregation option had been exercised in relation to that service.

(1C) An election under paragraph (1B) is made in accordance with this paragraph where—

(a) the scheme manager, on receipt of M’s application for a statement of entitlement, notifies M that M may make such an election, and

(b) M gives notice to the scheme manager, in a form and manner determined by the scheme manager, of M’s decision to make such an election.

(2) When making a relevant remedy decision, the relevant decision-maker may elect that M’s eligible remediable service is to be treated as if an aggregation option had been exercised in relation to that service.

(3) An election under paragraph (2) may only be made and revoked in the same circumstances as the relevant remedy decision.

(4) Where an election is made under paragraph (1B) or paragraph (2), M’s eligible remediable service is to be treated for all purposes as if the aggregation option had been exercised in relation to that service.

(5) In this regulation—

“aggregation option” means—where the relevant Section is Section I, an option in accordance with rule G.2, G.3 or G.4 of that Section;where the relevant Section is Section II, an option in accordance with rule 3.35 of that Section;where the relevant Section is Section III, an option in accordance with rule H.5 of that Section.

“eligible remediable service” means so much of M’s remediable service as was, immediately before 1st April 2022, service under alpha;

“relevant decision-maker” means, where M is—an immediate choice member, the immediate choice decision-maker;a deferred choice member, the deferred choice decision-maker;

“relevant remedy decision” means—an immediate choice decision that no section 6 election is to be made in relation to M’s remediable service, ora deferred choice decision that no section 10 election is to be made in relation to M’s remediable service.

Payment of annual allowance tax charges and provision of information

62

Where a remedy member is unable to give an effective notice to the scheme administrator under section 237B(3) of FA 2004[^f00023] in relation to an in-scope tax year (within the meaning of direction 7(7) of the PSP Directions 2022) because the time limit in section 237BA[^f00024] has passed, direction 7(2) to (6) of the PSP Directions 2022 applies in relation to the remedy member.

PART 8 — Immediate detriment cases

Treatment of immediate detriment cases

63

(1) This regulation applies in relation to a person’s (“A’s”) remediable service where an immediate detriment remedy has been obtained in relation to that service by virtue of the condition provided for in section 32(3) of PSPJOA 2022 (“the second condition”) having been met.

(2) These Regulations and sections 2 to 30 of PSPJOA 2022 apply in relation to A’s remediable service as they apply in relation to the remediable service of an immediate choice member in respect of whose remediable service an immediate choice decision has been made that no section 6 election is to be made.

(3) Any amount paid by way of benefits or compensation pursuant to the agreement by virtue of which the second condition has been met is to be treated for the purposes of section 14 of PSPJOA 2022, as—

(a) a lump sum benefit, if the amount was paid by way of a lump sum;

(b) a pension benefit, if the amount was paid otherwise than by way of a lump sum.

PART 9 — Liabilities and payment

CHAPTER 1 — Application of Part 9

Application of Part 9

64

This Part applies in relation to relevant amounts[^f00025] owed in respect of the remediable service of a remedy member.

CHAPTER 2 — Interest, compensation and netting off

Interest

65

(1) The scheme manager must calculate interest on a relevant amount described in direction 15 of the PSP Directions 2022 in accordance with the provisions of directions 14 and 15 which apply to that description of relevant amount.

(2) In relation to relevant amounts not described in direction 15 of the PSP Directions 2022, the scheme manager must determine whether interest is paid and, if so, what rate of interest applies and how it is calculated.

(3) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (2) as if it were a determination under direction 16(1) of those Directions—

(a) direction 16(2) (provision of explanation);

(b) direction 16(3) and (4) (appeals).

Indirect compensation

66

(1) This regulation applies where, pursuant to an application under regulation 67, the scheme manager determines that an immediate choice member (“M”) has incurred a compensatable loss[^f00026] that is a Part 4 tax loss[^f00027] (a “relevant loss”).

(2) M is not to be paid an amount under section 23 of PSPJOA 2022 by of compensation in respect of the relevant loss.

(3) Instead, the amount of benefit payable under a civil service scheme is to be increased to reflect the amount of the relevant loss in such manner as determined by the scheme manager in accordance with direction 10(2) to (4) of the PSP Directions 2022.

Applications for compensation or indirect compensation

67

(1) This regulation applies in relation to—

(a) the payment of a relevant amount by way of compensation under section 23(1) of PSPJOA 2022;

(b) the increase of benefits by way of indirect compensation under regulation 66.

(2) The relevant amount is not payable, or (as the case may be) the benefits are not to be increased, except where—

(a) an application is made in accordance with direction 18(1) and (2) of the PSP Directions 2022,

(b) the application is accompanied by such information that the scheme manager may by written notice require the person making the application (“P”) to provide in relation to the proposed compensation which is—

(i) information within P’s possession, or

(ii) information which P may reasonably be expected to obtain, and

(3) The following apply in relation to a determination in accordance with direction 18(3) of the PSP Directions 2022—

(a) direction 18(4) (provision of explanation);

(b) direction 18(5) and (6) (appeals).

Netting off

68

(1) This regulation applies where—

(a) relevant amounts owed by and to a person (“P”) fall to be paid at the same time or similar times, and

(b) the scheme manager has—

(i) determined the interest (if any) that is to be paid on the relevant amounts in accordance with regulation 65, and

(ii) reduced the relevant amounts by tax relief amounts in accordance with regulation 69.

(2) The scheme manager may determine, in accordance with direction 19(2) to (5) of the PSP Directions 2022, that the relevant amounts (and any interest on them) must be aggregated and that the difference must be paid by P to the scheme or (as the case may be) by the scheme to P.

(3) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (2) as if it were a determination under direction 19(1) of those Directions—

(a) direction 19(6) (provision of explanation);

(b) direction 19(7) and (8) (appeals).

CHAPTER 3 — Reduction and waiver of liabilities

Reduction of liabilities in relation to pension contributions

69

(1) This regulation applies where—

(a) a person owes a liability to pay pension contributions in relation to the remediable service of a remedy member, or

(b) the scheme manager owes a liability to pay compensation in relation to such service,

under section 15, 16 or 17 of PSPJOA 2022.

(2) The scheme manager must reduce the liability by tax relief amounts[^f00028]—

(a) determined in accordance with direction 4(5) to (9) of the PSP Directions 2022, and

(b) before the liability is netted off in accordance with regulation 68.

(2A) Where the aggregate sum of the tax relief amounts as calculated under direction 4(6) of the PSP Directions 2022 is negative in relation to a relevant member who is an active member of the scheme, a reduction may be made at the discretion of the scheme manager in accordance with direction 4(7)(b)(ii) of those Directions.

(3) The following provisions of the PSP Directions 2022 apply where the scheme manager makes a determination under direction 4(8)—

(a) direction 4(10) (provision of explanation);

(b) direction 4(11) and (12) (appeals).

(4) Paragraphs (5) and (6) apply where assets (“the transferred assets”) held for the purposes of a partnership pension account have been transferred to the PCSPS in relation to the PCSPS opted-out service of a remedy member (“M”) in accordance with the condition mentioned in regulation 6(6)(c)(i).

(5) The scheme manager—

(a) must reduce a liability mentioned in paragraph (1)(a) owed in relation to M’s remediable service by an amount equal to the value of the transferred assets which was, immediately before the transfer, referable to employee pension contributions made by or on behalf of M in respect of M’s PCSPS opted-out service;

(b) must not reduce such a liability by reference to the value of the transferred assets which was, immediately before the transfer, referable to any other source.

(6) Where the value of the transferred assets mentioned in paragraph (5)(a) is greater than the liability mentioned in paragraph (1)(a), the scheme manager owes M or, where M is deceased, M’s personal representatives an amount equal to the difference.

(7) In this regulation, “PCSPS opted-out service” has the meaning given in regulation 5(2).

Power to reduce or waive amounts owed by a person to the scheme manager

70

(1) The scheme manager may reduce or waive an amount owed by a person to the scheme under—

(a) section 14, 15, 16 or 17 of PSPJOA 2022, or

(b) these Regulations.

(2) When reducing or waiving an amount under paragraph (1), the scheme manager must comply with the requirements set out in direction 4(1)(a) to (c) of the PSP Directions 2022 (and the reference in direction 4(1)(c) to “any scheme regulations made by virtue of section 26(1)(b) of PSPJOA 2022” is to be read as a reference to regulation 73).

Agreement to waive a liability owed by the scheme manager in respect of an immediate correction

71

(1) This regulation applies where the scheme manager owes a liability to pay compensation to a person (“P”) under section 16(3) of PSPJOA 2022.

(2) The scheme manager and P may agree to waive the liability.

(3) Such an agreement—

(a) must be in writing,

(b) may be rescinded with the agreement of the scheme manager and P, and

(i) the end of the section 10 election period in relation to the remediable service in respect of which the compensation is payable has passed, and

(ii) no section 10 election is made, or deemed to have been made, in relation to that remediable service.

(4) Where an agreement is rescinded or otherwise ceases to apply, the scheme manager owes P the liability mentioned in paragraph (1).

CHAPTER 4 — Payment of net liabilities

Application of Chapter 4

72

This Chapter applies in respect of a relevant amount (together with any interest on that amount) which will be payable after taking into account the effect, if any, of regulations 65 to 71 (a “net liability”).

Payment of amounts owed to the scheme manager

73

(1) This regulation applies where a person (“P”) has a net liability to the scheme manager within the meaning of regulation 72.

(2) The scheme manager must send notice in writing to P setting out—

(a) how the net liability has been calculated,

(b) an explanation of the circumstances in which the net liability may be reduced or waived under regulation 70,

(c) where the net liability has been calculated by reference to an amount by way of compensation under section 16(3) of PSPJOA 2022, an explanation of the agreement that may be made under regulation 71,

(d) when and how the net liability must be paid, and

(e) the consequences of not paying the net liability.

(3) Where—

(a) the scheme manager has sent a notice under paragraph (2), and

(b) the amount of the net liability is subsequently adjusted,

the scheme manager must send another notice in writing to P under paragraph (2).

(4) P must pay the amount of the net liability to the scheme manager—

(a) before the end of the period of six months beginning with the day after the day on which P receives the most recent notice under paragraph (2), or

(b) in accordance with an agreement under paragraph (5).

(5) P and the scheme manager may agree that the net liability is to be paid in part or in full—

(a) by way of instalments, or

(b) by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under a civil service scheme.

(6) P and the scheme manager may agree to vary an agreement under paragraph (5).

(7) Where P does not pay any amount that falls due by virtue of paragraph (4)(a) or an agreement under paragraph (5), the scheme manager may deduct such sums from benefits payable to P under a civil service scheme as seem reasonable to the scheme manager for the purpose of discharging P’s liability.

(8) P has no liability to pay any amount on account of the net liability until the time for payment arises in accordance with this regulation or an agreement under this regulation, and until that time the scheme manager has no cause of action for the recovery of any such amount (whether for the purposes of the Limitation Act 1980[^f00029] or otherwise).

Payment of amounts owed to a person

74

(1) This regulation applies where the scheme manager owes a net liability to a person (“P”).

(2) The scheme manager must pay the amount of the net liability to P—

(a) as soon as reasonably practicable after the scheme manager determines the amount of the net liability, or

(b) where the scheme manager requires P to provide information in accordance with paragraph (3), as soon as reasonably practicable after receipt of that information.

(3) Before paying the amount of a net liability owed to P, the scheme manager may by written notice given as soon as reasonably practicable after the scheme manager determines the amount of the net liability, require P to provide information in relation to the net liability which is—

(a) information which is within P’s possession, or

(b) information which P may reasonably be expected to obtain.

SCHEDULE — Eligible decision-makers for deceased members

Interpretation

1

(1) In this Schedule—

“beneficiary” means a person who has become entitled to receive any death benefit;

“child”, except in the term “eligible child”, means a person under the age of 18;

“death benefit” means a benefit payable on the death of a member under—Part 8 of the 2014 Regulations;Part E of Section I;section 4 of Section II;Part F of Section III;

“decision” means an opted-out service election, an immediate choice decision or a deferred choice decision;

“eligible decision-maker” means a person who may make—an opted-out service election in accordance with regulation 6(2)(b);an immediate choice decision in accordance with regulation 8(2)(b);a deferred choice decision in accordance with regulation 12(2)(b);

“surviving adult” means—a surviving spouse;a surviving civil partner;in relation to—alpha, a surviving partner within the meaning of regulation 101 of the 2014 Regulations;Section I, a surviving adult dependant within the meaning of rule E.2 of that Section;Section III, a surviving adult dependant within the meaning of rule F.2 of that Section.

(2) In this Schedule, a reference to—

(a) a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;

(b) an eligible child is a reference to an eligible child of M;

(d) a surviving adult is a reference to a surviving adult in relation to M.

Sole beneficiary: an adult

2

(1) Where a person is—

(a) the sole beneficiary, and

(b) an adult,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) The eligible decision-maker is—

(a) the person mentioned in sub-paragraph (1), or

(b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Sole beneficiary: a child

3

(1) Where a person (“A”) is—

(a) the sole beneficiary, and

(b) a child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) The eligible decision-maker is—

(a) A’s parent or guardian, or

(b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Sole beneficiary: a body

4

Where a body (whether corporate or unincorporated) is the sole beneficiary, the eligible decision-maker is—

(a) M’s personal representative, or

(b) where M has no personal representative, the scheme manager.

Sole beneficiary: M’s estate

5

Where M’s estate is the sole beneficiary, the eligible decision-maker is—

(a) M’s personal representative, or

(b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Multiple beneficiaries: including a surviving adult

6

(1) Where—

(a) two or more adults are the only beneficiaries, and

(b) one of those adults (“B”), is a surviving adult,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) The eligible decision-maker is—

(a) B, or

(b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Multiple beneficiaries: including adult eligible children

7

(1) Where—

(a) two or more adults are the only beneficiaries,

(b) none of those adults is a surviving adult, and

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) The eligible decision-maker is—

(a) the person agreed upon by the adult eligible children, or

(b) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager.

Multiple beneficiaries: nominated individuals only

8

(1) Where—

(a) two or more adults (the “nominated adults”) are beneficiaries of lump sum death benefits, and

(b) none of the following are beneficiaries—

(i) a surviving adult, or

(ii) an eligible child (whether or not an adult),

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) The eligible decision-maker is—

(a) M’s personal representative;

(b) where M has no personal representative, the person agreed upon by the nominated adults;

(i) M has no personal representative, and

(ii) no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager,

the scheme manager.

Multiple beneficiaries: non-adult eligible children

9

Where the only beneficiaries are children, two or more of whom are eligible children, the eligible decision-maker is—

(a) where one person has parental responsibility for all the eligible children, that person;

(b) otherwise—

(i) M’s personal representative, or

(ii) where M has no personal representative, the scheme manager.

Multiple beneficiaries: nominated children only

10

Where the only beneficiaries are two or more children who are not eligible children, the eligible decision-maker is—

(a) where one person has parental responsibility for all the children, that person;

(b) otherwise—

(i) M’s personal representative, or

(ii) where M has no personal representative, the scheme manager.

Multiple beneficiaries: one or more adults and one or more children

11

(1) Where the beneficiaries include one or more adults and one or more children—

(a) M’s personal representative is the eligible decision-maker;

(b) where M has no personal representative, and—

(i) one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker;

(ii) none of the beneficiaries is a surviving adult and—

(aa) one or more of the beneficiaries is an eligible child, or

(bb) none of the beneficiaries is an eligible child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2) Where sub-paragraph (1)(b)(ii) applies, and—

(a) all relevant children are under 18 and—

(i) have the same guardian, the eligible-decision maker is that guardian;

(ii) do not have the same guardian, the eligible decision-maker is the scheme manager;

(b) all relevant children are 18 or over, the eligible decision-maker is—

(i) the person agreed upon by those relevant children, or

(ii) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager;

(c) one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—

(i) the relevant children who are 18 or over, and

(ii) the guardian of the relevant children who are under 18.

(3) In sub-paragraph (2), “relevant children” means—

(a) where sub-paragraph (1)(b)(ii)(aa) applies, eligible children;

(b) where sub-paragraph (1)(b)(ii)(bb) applies, a person who is a beneficiary and who meets any of conditions A, B or C as set out in regulation 113(2), (3) and (4) of the 2014 Regulations.

Other cases

12

In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager.

Signed

Alex Burghart — Minister for the Cabinet Office — 1st

We consent

Steve Double — Andrew Stephenson — Two of the Lords Commissioners of His Majesty’s Treasury — 4th September 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Public Service Pensions Act 2013 (c. 25) (“PSPA 2013”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA 2013), about the establishment of public service pension schemes. The Public Service (Civil Servants and Others) Pensions Regulations 2014 (S.I. 2014/1964) (“the 2014 Regulations”) are the scheme regulations establishing alpha, the successor civil service pension scheme to the Principal Civil Service Pension Scheme (“the PCSPS”). The 2014 Regulations provided for transitional protection for certain cohorts of PCSPS members. This transitional protection was subsequently found to unlawfully discriminate between civil service pension scheme members on the basis of age.

The Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“PSPJOA 2022”), at Chapter 1, makes provision, and confers powers for scheme regulations under PSPA 2013 to make further provision, in relation to specified service (“remediable service” as defined in section 1 of PSPJOA 2022) of members who benefitted from transitional protection, and of members who did not benefit from transitional protection only by reason of their age. Section 27 of PSPJOA 2022 requires certain powers to make scheme regulations to be exercised in accordance with Treasury directions.

These Regulations are scheme regulations under PSPA 2013 and in accordance with PSPJOA 2022 in relation to a member’s remediable service in the PCSPS and alpha. They are, to the extent required by section 27 of PSPJOA 2022, made in accordance with Treasury directions under that section (in the form of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022). These Regulations have retrospective effect, which is authorised by section 3(3)(b) of PSPA 2013.

Part 2 of these Regulations makes provision about when and to whom a remediable service statement is to be provided by the scheme manager (as defined in regulation 2(1)), as well as the contents of the remediable service statement.

Part 3 makes provision about the principal decisions that may be made in relation to a member’s remediable service—

(a) Chapter 1 makes provision about when and how an election may be made for service in respect of which a member opted-out of alpha to be reinstated and treated as remediable service;

(b) Chapter 2 makes provision about when and how a decision may be made, or be deemed to have been made, about whether the remediable service of a pensioner or deceased member (an “immediate choice member”) is to be treated as service in the PCSPS or in alpha;

(c) Chapter 3 makes provision similar to Chapter 2, but in relation to the remediable service of an active or deferred member (a “deferred choice member”).

Part 4 makes provision about cases in which the pension rights secured by virtue of a member’s remediable service are at issue in proceedings relating to the member’s separation from a spouse or civil partner—

(a) Chapter 1 makes provision about sharing the value of such rights under a pension sharing order where they are subject to a pension debit under section 29 of the Welfare Reform and Pensions Act 1999 (c. 30). It provides, in particular, for the calculation or, where appropriate, the re-calculation of the value of a pension debit and a pension credit in relation to the rights;

(b) Chapter 2 makes provision about the calculation of the value of rights for the purposes of sharing those rights under an arrangement other than a pension sharing order.

Part 5 makes provision about lump sum voluntary contributions paid by a member during the period of their remediable service, and periodical contributions paid by a member under an arrangement which commenced during the period of their remediable service, to secure additional pension rights—

(a) Chapter 1 makes provision about rights to additional pension secured in the PCSPS or alpha in accordance with which rights are conferred or, where relevant, varied so that they reflect the value of rights that would have been secured in the civil service pension scheme in respect of which the member’s pension benefits secured by virtue of their remediable service ultimately become payable;

(b) Chapter 2 makes provision about rights to effective pension age or enhanced effective pension age secured in alpha in accordance with which, on a decision for the member’s remediable service to be treated as service in the PCSPS, the rights are either converted into PCSPS additional pension or they are extinguished and compensation is paid in relation to them;

(c) Chapter 3 makes provision which causes additional pension rights secured in, and benefits in relation to such rights paid out of, alpha to be treated as secured in, or paid out of, the PCSPS, and for financial corrections of any pension benefits paid in respect of the remediable service of an immediate choice member in relation to such rights;

(d) Chapter 4 makes provision enabling a member who did not have the opportunity to elect to purchase rights to effective pension age or enhanced effective pension age in respect of remediable service to do so retrospectively.

Part 6 makes provision about transfers in and out of a civil service pension scheme of pension rights during the period of a member’s remediable service—

(a) Chapter 1 makes provision about, among other things, the provision of a remediable service statement to a person who has transferred out rights in respect of remediable service and in respect of whom a remediable service statement is not otherwise required to be provided;

(b) Chapter 2 makes provision about transfers in and out of a civil service pension scheme on a cash equivalent basis, including provision about the calculation (and, where appropriate, the recalculation) of the value of a cash equivalent transfer value, and the making and accepting of payments in relation to the transfer value of rights secured by virtue of remediable service;

(c) Chapter 3 makes provision similar to Chapter 2, but in relation to transfers in and out of a civil service pension scheme on a club basis;

(d) Chapter 4 makes provision for—

(i) transfers into alpha in respect of rights secured by virtue of remediable service to be treated as being transferred into the PCSPS;

(ii) rights transferred into the PCSPS to be varied so that they reflect the value of rights in the civil service pension scheme in respect of which rights secured by virtue of a member’s remediable service ultimately become payable;

(iii) financial corrections of any pension benefits paid in respect of the transferred-in rights of an immediate choice member.

Part 7 makes provision about special cases—

(a) Chapter 1 makes provision about the reassessment of ill-health retirement applications which may have been treated differently if they had been assessed in a member’s alternative civil service pension scheme;

(b) Chapter 2 makes provision about—

(i) protecting the amount of any child pension which is already in payment so that it will not be reduced as a result of PSPJOA 2022 or these Regulations;

(ii) ensuring that a member of Section II of the PCSPS has the same rights in relation to nominating persons to receive a death benefit as members of alpha and of Sections I and III of the PCSPS;

(iii) allowing members who would, but for the transitional protection, have been able to aggregate separate periods of pensionable service in the PCSPS.

Part 8 makes provision cases in which a person has already obtained a remedy in relation to their remediable service. Such persons are treated for the purposes of PSPJOA 2022 and these Regulations as if they were an immediate choice member who has elected to receive PCSPS benefits in relation to their remediable service.

Part 9 makes provision about any amounts (“relevant amounts”) owed to or by a person as a result of PSPJOA 2022 or these Regulations—

(a) Chapter 2 makes provision for the calculation of interest on relevant amounts, for the increase of benefits instead of the payment of a relevant amount, for the making of an application where a person wishes to claim compensation, and for the netting off of relevant amounts owed to and by a person;

(b) Chapter 3 makes provision about the reduction and waiver of relevant amounts, in particular a requirement for the scheme manager to reduce some relevant amounts by tax relief amount, the discretion of the scheme manager to reduce or waive relevant amounts owed by a person to a scheme in certain circumstances, and the option to defer payment of certain relevant amounts owed to a member until an election is made in relation to the member’s remediable service;

An impact assessment has not been completed for these Regulations. An Explanatory Memorandum has been published alongside these Regulations on http://www.legislation.gov.uk.

Footnotes

[^f00001]: 2013 c. 25. Section 3(1) was amended by section 94(2) of PSPJOA 2022, and section 3(2)(c) was inserted by section 94(3) of that Act.

[^f00002]: 2022 c. 7.

[^f00003]: S.I. 2014/1964.

[^f00004]: Published on 15th December 2022 and accessible online at https://www.gov.uk/government/publications/public-service-pensions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London, SW1A 2HQ.

[^f00005]: See section 34 of PSPJOA 2022 for the meaning of “new scheme benefits”.

[^f00006]: See section 19(7) of PSPJOA 2022 for the meanings of “pension debit” and “pension credit”.

[^f00007]: 1972 c. 11.

[^f00008]: Section 2(10) was amended by paragraph 2 of Schedule 2 to the Constitutional Reform and Governance Act 2010 (c. 25).

[^f00009]: See section 4 of PSPJOA 2022 for the meaning of “the relevant Chapter 1 legacy scheme”.

[^f00010]: See section 1 of PSPJOA 2022 for the meaning of “remediable service”.

[^f00011]: See section 29(10) of PSPJOA 2022 for the meaning of “the relevant date”.

[^f00012]: In accordance with section 29(9) of PSPJOA 2022, only one request under regulation 4(2)(b)(ii) may be made during any period of 12 months.

[^f00013]: See sections 5(7) (read with section 4) and 36 of PSPJOA 2022 for the meaning of relevant opted-out service in relation to a Chapter 1 legacy scheme (such as the PCSPS).

[^f00014]: See section 25(8) of PSPJOA 2022 for the meaning of “non-discrimination rule” and section 25(9) for the circumstances in which breach of a non-discrimination rule is “relevant”.

[^f00015]: See section 110(1) of PSPJOA 2022 for the definition of “partnership pension account”.

[^f00016]: See section 7(2) of PSPJOA 2022 for the meaning of “the end of the section 6 election period”.

[^f00017]: In accordance with section 110(1) of PSPJOA 2022, “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00018]: See section 19(6) for the meaning of “mixed service”.

[^f00019]: See section 33 of PSPJOA 2022 for the meaning of “Chapter 1 scheme”.

[^f00020]: S.I. 2009/1171. Regulation 6 was amended by section 42(6)(a) of the Finance Act 2014 (c. 26).

[^f00021]: 2003 c. 1.

[^f00022]: In accordance with section 110(1) of PSPJOA 2022, “FA 2004” means the Finance Act 2004 (c. 12). Section 229(4) was inserted by paragraph 6(4) of Schedule 17 to the Finance Act 2011 (c. 11).

[^f00023]: In accordance with section 110(1) of PSPJOA 2022, “FA 2004” means the Finance Act 2004 (c. 12). Section 237B was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c. 11).

[^f00024]: Section 237BA was inserted by section 9(3) of the Finance Act 2022 (c. 3).

[^f00025]: See section 26(3) of PSPJOA 2022 for the meaning of “relevant amounts”.

[^f00026]: See section 23 of PSPJOA 2022 and direction 11 of the PSP Directions 2022 for the meaning of “compensatable loss”.

[^f00027]: See section 23(9) of PSPJOA 2022 for the meaning of “Part 4 tax loss”.

[^f00028]: See section 18(4) of PSPJOA 2022 for the meaning of “tax relief amounts” for the purposes of a liability mentioned in regulation 68(1)(a) and section 18(7) of that Act for the meaning of that term for the purposes of a liability mentioned in regulation 68(1)(b).

[^f00029]: 1980 c. 58.

Editorial notes

[^key-a7b864622f324e5a57b3fce39bcc2483]: Reg. 1 in force at 1.10.2023, see reg. 1(b)

[^key-fecd4d88b3635efeb81e13e1cb666692]: Reg. 2 in force at 1.10.2023, see reg. 1(b)

[^key-6c5d457316f91c11bfa670d0e4e81dbf]: Reg. 3 in force at 1.10.2023, see reg. 1(b)

[^key-17ea54b97f400a5737f235ff3d55cff3]: Reg. 4 in force at 1.10.2023, see reg. 1(b)

[^key-59d38cd26ecf4b60a358be43b70ac7d5]: Reg. 5 in force at 1.10.2023, see reg. 1(b)

[^key-ab443cabf76580ca6a1dcf0a9cc5b71e]: Reg. 6 in force at 1.10.2023, see reg. 1(b)

[^key-99b218537730b64ad75ebf93739850c8]: Reg. 7 in force at 1.10.2023, see reg. 1(b)

[^key-f44874871c427d616e085a820a0dbd4e]: Reg. 8 in force at 1.10.2023, see reg. 1(b)

[^key-cd35021498ff655224dac89935544d61]: Reg. 9 in force at 1.10.2023, see reg. 1(b)

[^key-4c70fe6fa8e98eac4d2b2e6d62200a3b]: Reg. 10 in force at 1.10.2023, see reg. 1(b)

[^key-ffaa94da0d356721b62e947d8a7f70f9]: Reg. 11 in force at 1.10.2023, see reg. 1(b)

[^key-b336245bc1cac609059efbfed9eea7e8]: Reg. 12 in force at 1.10.2023, see reg. 1(b)

[^key-e565288df554447a6a3fa1c8f5d4f377]: Reg. 13 in force at 1.10.2023, see reg. 1(b)

[^key-834bc4eae3adb6ea715a373bd5ddc045]: Reg. 14 in force at 1.10.2023, see reg. 1(b)

[^key-b0de044eef34f1d8b16097c08fb302eb]: Reg. 15 in force at 1.10.2023, see reg. 1(b)

[^key-275b504b6720af37890abf7a63c5b491]: Reg. 16 in force at 1.10.2023, see reg. 1(b)

[^key-92d678b2c7f0fa7ca0aebec623605bd3]: Reg. 17 in force at 1.10.2023, see reg. 1(b)

[^key-a63049b8ce6834ac81b414d46bcf1c3d]: Reg. 18 in force at 1.10.2023, see reg. 1(b)

[^key-58f7a9c5879c4d6e00df30007fbdb343]: Reg. 19 in force at 1.10.2023, see reg. 1(b)

[^key-da4dd5d1e051ab00215cdde653847888]: Reg. 20 in force at 1.10.2023, see reg. 1(b)

[^key-ff678b98501c413f6fba43181c211c07]: Reg. 21 in force at 1.10.2023, see reg. 1(b)

[^key-17a7ecd7e6a27faaebf9ab3b8e6795c3]: Reg. 22 in force at 1.10.2023, see reg. 1(b)

[^key-20379f3c2ad239cae3cb06872c731a32]: Reg. 23 in force at 1.10.2023, see reg. 1(b)

[^key-1d67a029ab32b0791bfe7f4f7a93adde]: Reg. 24 in force at 1.10.2023, see reg. 1(b)

[^key-3b607abd5288c4e821068a720dfe4356]: Reg. 25 in force at 1.10.2023, see reg. 1(b)

[^key-e03bf8991ba5e50f2698566cd715f7d2]: Reg. 26 in force at 1.10.2023, see reg. 1(b)

[^key-8f26c2164f8abadd832b648cb5d68a57]: Reg. 27 in force at 1.10.2023, see reg. 1(b)

[^key-f161f6b8f84893580b42a4308e95300d]: Reg. 28 in force at 1.10.2023, see reg. 1(b)

[^key-99baf9bb24b31cdbccc1904994f675b1]: Reg. 29 in force at 1.10.2023, see reg. 1(b)

[^key-dca80fd1c0438b6696ae8802f9e36ddf]: Reg. 30 in force at 1.10.2023, see reg. 1(b)

[^key-a0c66bb0c83719de4558ee4c02967cca]: Reg. 31 in force at 1.10.2023, see reg. 1(b)

[^key-6de72d44b77c4216c87423942ac670c8]: Reg. 32 in force at 1.10.2023, see reg. 1(b)

[^key-6e4c4f6a7995b429f8442117adeea6a3]: Reg. 33 in force at 1.10.2023, see reg. 1(b)

[^key-cd7f2ae686c7cb7f254f3f1748ba0f0e]: Reg. 34 in force at 1.10.2023, see reg. 1(b)

[^key-5861080b32cec09506f94384ed7d9541]: Reg. 35 in force at 1.10.2023, see reg. 1(b)

[^key-eceb786d166d58f250759684bc9a4960]: Reg. 36 in force at 1.10.2023, see reg. 1(b)

[^key-93795bcbec9cad1211e88c3ffc630d42]: Reg. 37 in force at 1.10.2023, see reg. 1(b)

[^key-76e87afcbeab4fcda1a7ef4ffa4573a8]: Reg. 38 in force at 1.10.2023, see reg. 1(b)

[^key-e0ec659c8fd11058d7d2f4b6d56d7f2d]: Reg. 39 in force at 1.10.2023, see reg. 1(b)

[^key-f54a04e1cb76d8d52fa09ff7f689a042]: Reg. 40 in force at 1.10.2023, see reg. 1(b)

[^key-77f895ef4d3e57e4fad10e22749692c0]: Reg. 41 in force at 1.10.2023, see reg. 1(b)

[^key-1bc2f2c8bd5d5b7c70ce576c232e5de8]: Reg. 42 in force at 1.10.2023, see reg. 1(b)

[^key-3056737fb98ea57ba6493c570f25ec9d]: Reg. 43 in force at 1.10.2023, see reg. 1(b)

[^key-b823a6e831ff2e84ad45bba8afd9ea85]: Reg. 44 in force at 1.10.2023, see reg. 1(b)

[^key-522286be40503299b16158bcd05dd78e]: Reg. 45 in force at 1.10.2023, see reg. 1(b)

[^key-2a3c822efdda1b7adc00a5c2724a978e]: Reg. 46 in force at 1.10.2023, see reg. 1(b)

[^key-b4d16c1d296efa2db1cd2d000ce1509f]: Reg. 47 in force at 1.10.2023, see reg. 1(b)

[^key-fb397438972274e131585361cd6468c1]: Reg. 48 in force at 1.10.2023, see reg. 1(b)

[^key-7a774da2463dfb1c61bd5d3b7b9eeeb4]: Reg. 49 in force at 1.10.2023, see reg. 1(b)

[^key-6176318c5375eb2501fe5c2247c7bfba]: Reg. 50 in force at 1.10.2023, see reg. 1(b)

[^key-fe078f3302eefc020b6966ca8dfb506f]: Reg. 51 in force at 1.10.2023, see reg. 1(b)

[^key-4e92481cf1a1087fd1897ecc12bad808]: Reg. 52 in force at 1.10.2023, see reg. 1(b)

[^key-a6c5165cf27e2a4fd9fcba711d804d98]: Reg. 53 in force at 1.10.2023, see reg. 1(b)

[^key-6ed4db607fea9edb18bafb33d344130a]: Reg. 54 in force at 1.10.2023, see reg. 1(b)

[^key-25e76b85b869ec62402fd0469a4c99f3]: Reg. 55 in force at 1.10.2023, see reg. 1(b)

[^key-fbe9d558b1d667450a9da5c2fa222056]: Reg. 56 in force at 1.10.2023, see reg. 1(b)

[^key-dfea7dbd13fd989062e04877ecb8739c]: Reg. 57 in force at 1.10.2023, see reg. 1(b)

[^key-b413b91f4f55c551413a37d6822038dd]: Reg. 58 in force at 1.10.2023, see reg. 1(b)

[^key-8028b101bacb58f8620e8ac7c63b9fef]: Reg. 59 in force at 1.10.2023, see reg. 1(b)

[^key-4d2a2b57e0679a9e27c5c4151f65ad5a]: Reg. 60 in force at 1.10.2023, see reg. 1(b)

[^key-5274896840ba0c836e666c85cfc5a009]: Reg. 61 in force at 1.10.2023, see reg. 1(b)

[^key-14f37ff6f08936224de226455ea4cb97]: Reg. 62 in force at 1.10.2023, see reg. 1(b)

[^key-242d624645ef5b621a4da3d12b885a79]: Reg. 63 in force at 1.10.2023, see reg. 1(b)

[^key-5aa07b2437a8bcddff5fa2fcc7e344a9]: Reg. 64 in force at 1.10.2023, see reg. 1(b)

[^key-e9bd8468942ee97d0e0c84803178ddad]: Reg. 65 in force at 1.10.2023, see reg. 1(b)

[^key-3ead0bb6bde238f87ec96877cf172dd2]: Reg. 66 in force at 1.10.2023, see reg. 1(b)

[^key-126b8cb4bf1aff8b1eef365b2db719e0]: Reg. 67 in force at 1.10.2023, see reg. 1(b)

[^key-1b392fb9fc356692682d592efce56bf1]: Reg. 68 in force at 1.10.2023, see reg. 1(b)

[^key-5433de3e7dfbc298e881e43dbdcaa23f]: Reg. 69 in force at 1.10.2023, see reg. 1(b)

[^key-d0fad5048162b19503fd161c2a175e7c]: Reg. 70 in force at 1.10.2023, see reg. 1(b)

[^key-de36b5b14df3b4129999c7e57b7a7ea0]: Reg. 71 in force at 1.10.2023, see reg. 1(b)

[^key-5700535ee3495632adb2e713f1ddc7a8]: Reg. 72 in force at 1.10.2023, see reg. 1(b)

[^key-6775006a9a36f59174ec95599aee1b98]: Reg. 73 in force at 1.10.2023, see reg. 1(b)

[^key-ffae87cca355fa2698c73bcd2bcc3b15]: Reg. 74 in force at 1.10.2023, see reg. 1(b)

[^key-756d161e4fbcfdf384d6211c170497c6]: Sch. para. 1 in force at 1.10.2023, see reg. 1(b)

[^key-68dbfdfd69684afd62f3ff4606ccdbd8]: Sch. para. 4 in force at 1.10.2023, see reg. 1(b)

[^key-f1a31a08ae8444bc5761801ec53e1bbe]: Sch. para. 7 in force at 1.10.2023, see reg. 1(b)

[^key-12069be8f3c4c2e220a4b481ea597e38]: Sch. para. 8 in force at 1.10.2023, see reg. 1(b)

[^key-3a61b5b5c20aca9c1ccebe85f1096ac1]: Sch. para. 9 in force at 1.10.2023, see reg. 1(b)

[^key-eafa53d10abc9abeb82e52db0c433177]: Sch. para. 10 in force at 1.10.2023, see reg. 1(b)

[^key-c017d8b7f36387a2a64f057bdb82aa53]: Sch. para. 11 in force at 1.10.2023, see reg. 1(b)

[^key-82c86a2e2c3e66f0cf9e5b13e4e1d959]: Sch. para. 12 in force at 1.10.2023, see reg. 1(b)

[^key-bdd830737ff9bc2e0d80c2a49f835f94]: Reg. 4A inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 4

[^key-6b91387bd30c764d1d790ef60ecb9c79]: Regs. 62A-62F inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 8(2)

[^key-b96f9e78fece49a1f4b26dab0653799d]: Sch. para. 13 inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 10(4)

[^key-1a41577d0c2d2817e4c7f6be13d35de2]: Words in reg. 18(2) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 5(2)(a)

[^key-ca8e17c7bb62f0326ef30ef5f53ce006]: Words in reg. 18(2) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 5(2)(b)

[^key-37023d47ac2f1060bfe68baec4d72953]: Reg. 18(2A)(2B) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 5(3)

[^key-d4cb994b3216dd5e35f26de54af95ff1]: Words in reg. 18(3) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 5(4)

[^key-403c5efeee9daae4223f9e9c1d1d511d]: Reg. 61(1A)-(1C) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 8(1)(a)

[^key-2f2bdc155abbc1eab4ad88f01323e2eb]: Words in reg. 61(4) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 8(1)(b)

[^key-dd10c42ce93c860bdc2ea819019d287a]: Reg. 30(3A)(3B) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 6(2)

[^key-b7cc21f049668604c401bbc4d38f44b5]: Reg. 30(7) substituted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 6(3)

[^key-befcb18bd138ab390fc992ccae41ad4e]: Words in reg. 38(1) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 7(1)(a)

[^key-8d0adf7074c3588128563a5dec1810bb]: Reg. 38(1A) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 7(1)(b)

[^key-39314b8e533806fb0ffe76c5cdec2906]: Words in reg. 39(1) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 7(2)(a)

[^key-d7eb1d251af66357a6be8c703dc762c7]: Reg. 39(1A) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 7(2)(b)

[^key-ac6f4e410b0fa38d37c93fbd65b302f1]: Reg. 69(2A) inserted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 9

[^key-41a02a275f23cfac3edc2821140a31e1]: Sch. para. 2 substituted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 10(2)

[^M_F_13bda12b-2255-4aba-83b9-f9a25578857f]: Sch. para. 3 substituted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 10(2)

[^key-336c1899665d9d438fcc83122a4ec311]: Sch. para. 5 substituted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 10(3)

[^M_F_6ad1d6d2-cae7-4c7c-93a2-8a89685c29d2]: Sch. para. 6 substituted (17.11.2025) by The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025 (S.I. 2025/1115), regs. 1(b), 10(3)

Voidable remediable service statements

4A

(1) The scheme manager may treat as void a remediable service statement provided in relation to a member (“M”), including where an immediate choice decision or a deferred choice decision has been made in relation to M’s remediable service, provided that the scheme manager is satisfied that—

(a) the remediable service statement fails to meet one or more of the requirements in—

(i) regulation 4(4);

(ii) section 29(5) of PSPJOA 2022 (remediable service statements);

(iii) Treasury directions under section 29(6) of PSPJOA 2022, and

(b) but for the failure in sub-paragraph (a), it is more likely than not that the relevant decision-maker (“D”) would make, or as the case may be, would have made a different immediate choice decision or deferred choice decision.

(2) The scheme manager may in particular determine that a remediable service statement fails to meet one or more of the requirements in the provisions mentioned in paragraph (1)(a) where—

(a) the scheme manager provides the remediable service statement to D before affording D a reasonable opportunity to make an election under—

(i) regulation 62B(2);

(ii) regulation 62C(2);

(iii) regulation 62D(2);

(iv) regulation 62E(2);

(v) regulation 62F(2);

(vi) section 5 of PSPJOA 2022,

(b) D, having made a remedy decision in relation to M based on the remediable service statement mentioned in sub-paragraph (a), makes one or more of the elections mentioned in sub-paragraph (a)(i) to (vi) in relation to M, and

(c) had D made that election or those elections before the provision of the remediable service statement, the remediable service statement would have contained different information.

(3) Where a remediable service statement is voided in accordance with paragraph (1)—

(a) it is to be treated as never having been provided;

(b) regulation 13(1)(b)(iii) does not apply.

(4) In this regulation, “relevant decision-maker” means—

(a) where M is a deferred choice member, the deferred choice decision-maker;

(b) where M is an immediate choice member, the immediate choice decision-maker.

Recovery of injury or compensation scheme benefits

62A

(1) This regulation applies where—

(a) there has been payment to or in respect of a remedy member (“M”) of benefits under one or more of—

(i) an injury or compensation scheme established under section 1 of the 2013 Act;

(ii) an injury or compensation scheme established under section 1 of the Superannuation Act 1972, and

(b) the amount of payment mentioned in (a) exceeds the amount that would have been paid had there been no relevant breach of a non-discrimination rule in relation to M’s service.

(2) The scheme manager may recover the excess amount mentioned in paragraph (1)(b).

Opt-out period election

62B

(1) This regulation applies in relation to a member (“M”) where—

(a) all of M’s remediable service was in alpha, or

(b) M’s remediable service was mixed service.

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