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The Public Service (Civil Servants and Others) Pensions Regulations 2014

Type Statutory-Instrument

Publication 2014-07-23

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) a transfer payment has been made to another scheme in respect of the member’s accrued rights under this scheme.

(5) The periodical payments resume under sub-paragraph (4) even if the member has reached the overall limit of extra pension for the scheme year in which the payments resume.

Cancellation of option

29

(1) A member may, by notice to the scheme manager, cancel an effective pension age option at any time during the periodical payment period.

(2) If the member cancels the option, the periodical payments cease to be payable from the beginning of the next scheme year after the scheme manager receives notice of the cancellation.

(3) If the member exercises an effective pension age option again within a period not exceeding 5 years, the periodical payments resume from the first pay period of the next scheme year beginning after the date on which the member exercises the option again.

(4) The periodical payments resume under sub-paragraph (3) even if the member has reached the overall limit of extra pension for the scheme year in which the payments resume.

Value of an effective pension age option

30

(1) The value of an effective pension age option at any time is a value determined by the scheme manager as at that time[^f00097].

(2) A member who has exercised an effective pension age option—

(a) may at any time ask the scheme manager to provide a statement of the value of the effective pension age option; and

(b) must ask the scheme manager to provide a statement of the value of the effective pension age option before an added pension option may be exercised in relation to the member.

CHAPTER 2 — Making effective pension age payments

Amount of periodical payments

31

(1) Periodical payments for an effective pension age are payable by deduction by the member’s employer from the member’s pensionable earnings in every pay period during the periodical payment period.

(2) The amount of the periodical payments is an amount—

(a) determined by the scheme manager; and

(b) set out in a notice to the member.

(3) The scheme manager must determine the amount by reference to published actuarial tables having regard to—

(a) the member’s age and gender; and

(b) the number of years before the member will reach normal pension age.

(4) Before the start of every scheme year, the scheme manager must—

(a) review the amount of the periodical payments; and

(b) if the scheme manager re-determines the amount, send the member notice of the amount payable from the start of the next scheme year.

Periodical payment period

32

The periodical payment period—

(a) begins with—

(i) if the member exercises the option within 3 months after joining this scheme, the first appropriate pay period beginning on or after the date on which the scheme manager receives the option notice; or

(ii) in any other case, the first appropriate pay period of the scheme year beginning on or after the date on which the scheme manager receives the option notice; and

(b) ends on the earlier of—

(i) the date on which the member ceases to be in pensionable service in the eligible employment to which the option relates; and

(ii) the date on which the member reaches the effective pension age.

Periodical payments during period of assumed pay

33

(1) Subject to sub-paragraph (2), during a period of assumed pay the member may—

(a) stop the periodical payments; or

(b) continue the periodical payments as if the member were receiving pensionable earnings at the full rate.

(2) During any period in which the member is receiving statutory maternity pay within the meaning of the Social Security Contributions and Benefits Act 1992 or is on paid ordinary maternity leave, paid adoption leave , paid shared parental leave or paid paternity leave, the member may—

(a) stop the periodical payments; or

(b) make periodical payments of an amount determined by reference to the member’s actual pay during that period.

(3) If a member stops the periodical payments during a period of assumed pay, the member may, by notice to the scheme manager in a form required by the scheme manager, resume the periodical payments in the next pay period after the period of assumed pay ends.

PART 4 — Enhanced effective pension age payments

CHAPTER 1 — Eligibility for enhanced effective pension age option

Eligibility

34

(1) The scheme manager must publish a list of scheme employments in respect of which an enhanced effective pension age option may be exercised (“eligible employments”) and, in relation to each employment, the date by which persons in that employment or the dates by which specified persons within that employment must exercise the option.

(2) An enhanced effective pension age option may only be exercised by a person to whom paragraph 35 or 36 applies.

(3) A member may only exercise an enhanced effective pension age option once.

(4) A tapered protection member of the PCSPS (T) to whom paragraph 28(1) of Schedule 2 applies may only exercise the enhanced effective pension age option if T has opted to begin pensionable service under this scheme on the day after the scheme closing date[^f00098].

Opting for enhanced effective pension age of 60

35

(1) This paragraph applies to a transition member with continuity of service who—

(a) is in pensionable service under this scheme in an eligible employment;

(b) began that pensionable service on the day after the scheme closing date; and

(2) The member may opt, in relation to that pensionable service, to make periodical payments for an enhanced effective pension age of 60.

Opting for enhanced effective pension age of 65

36

(1) This paragraph applies to a person (P)—

(a) who is in pensionable service under this scheme in an eligible employment; and

(b) whose normal pension age under this scheme is above 65.

(2) P may opt, in relation to that pensionable service, to make periodical payments for an enhanced effective pension age of 65.

CHAPTER 2 — Exercising the enhanced effective pension age option

Exercise of option

37

(1) An enhanced effective pension age option may only be exercised—

(a) by notice to the scheme manager in a form required by the scheme manager (“the option notice”); and

(b) with the approval of the Minister.

(2) An option notice must state the enhanced effective pension age which is to apply under the option.

(3) A member may not exercise an enhanced effective pension age option during—

(a) a period of assumed pay; or

(b) any scheme year in which the member has reached the overall limit of extra pension for that year.

Payment of pension at enhanced effective pension age

38

(1) For any part of a scheme year in which a member makes periodical payments for an enhanced effective pension age option, the member is entitled to payment of a full retirement earned pension or partial retirement earned pension attributable to the option at the enhanced effective pension age stated in the option without actuarial reduction.

(2) The amount of pension attributable to the option is reduced if the periodical payments are stopped before the end of the periodical payment period.

(3) For any period in which the periodical payments are stopped, an amount of standard earned pension is credited to the active member’s account instead of an amount of earned pension attributable to the option.

Member ceases to be in pensionable service in an eligible employment

39

(1) An enhanced effective pension age option in relation to pensionable service in an eligible employment ceases to have effect when the member ceases to be in that pensionable service.

(2) Periodical payments cease to be payable from the member’s last day of pensionable service in relation to that employment.

(3) If the member re-enters pensionable service in that employment after a gap in pensionable service not exceeding 5 years, the periodical payments resume from the first pay period of the next scheme year beginning after the date on which the member re-enters pensionable service.

(4) Sub-paragraph (3) does not apply if before the member re-enters pensionable service in that employment the member notifies the scheme manager that the payments are not to resume.

(5) If the member re-enters pensionable service in that employment after a gap in pensionable service of more than 5 years, the member may not resume periodical payments in relation to that option without the approval of the Minister.

Cancellation of option

40

(1) A member may, by notice to the scheme manager, cancel an enhanced effective pension age option at any time during the periodical payment period.

(2) If the member cancels the option, the periodical payments cease to be payable from the beginning of the next scheme year after the scheme manager receives notice of the cancellation.

(3) A member may cancel that part of the periodical payments which relate to the years after the member would reach 60 and before the member would reach 65 without cancelling that part of the periodical payments which relate to the years after the member would reach 65 and before the member would reach normal pension age.

(4) A member who has cancelled an enhanced effective pension age option may not resume periodical payments in relation to that option without the approval of the Minister.

Determining the value of an enhanced effective pension age option

41

(1) The value of an enhanced effective pension age option at any time is a value determined by the scheme manager as at that time.

(2) A member who has exercised an enhanced effective pension age option—

(a) may at any time ask the scheme manager to provide a statement of the value of the enhanced effective pension age option; and

(b) must ask the scheme manager to provide a statement of the value of the enhanced effective pension age option before an added pension option may be exercised in relation to the member.

CHAPTER 3 — Making enhanced effective pension age payments

Amount of periodical payments

42

(1) Periodical payments for an enhanced effective pension age are payable by deduction by the member’s employer from the member’s pensionable earnings for every pay period during the periodical payment period.

(2) The member’s employer must pay a proportion of the periodical payments as determined by the scheme manager which relate to the years after the member would reach 65 and before the member would reach normal pension age.

(3) The member’s employer is not required to pay any proportion of the periodical payments which relate to the years after the member would reach 60 and before the member would reach 65.

(4) The amount of the periodical payments is an amount—

(a) determined by the scheme manager; and

(b) set out in a notice to the member and the member’s employer.

(5) The scheme manager must determine the amount by reference to published actuarial tables having regard to—

(a) the member’s age and gender; and

(b) the number of years before the member will reach normal pension age.

(6) Before the start of every scheme year, the scheme manager must—

(a) review the amount of the periodical payments; and

(b) if the scheme manager re-determines the amount, send the member and, if applicable, the member’s employer notice of the amount payable from the start of the next scheme year.

Periodical payment period

43

The periodical payment period—

(a) begins with—

(i) if the member exercises the option within 3 months after joining this scheme, the beginning of the first appropriate pay period beginning on or after the date on which the scheme manager receives the option notice; or

(ii) in any other case, the beginning of the first appropriate pay period of the scheme year beginning on or after the date on which the scheme manager receives the option notice; and

(b) ends on the earlier of—

(i) the date on which the member ceases to be in pensionable service in the eligible employment to which the option relates; and

(ii) the date on which the member reaches the enhanced effective pension age.

Making periodical payments during period of assumed pay

44

(1) Subject to sub-paragraph (2), during a period of assumed pay, the member may—

(a) stop the periodical payments payable under an enhanced effective pension age option; or

(b) continue the periodical payments as if the member were receiving pensionable earnings at the full rate.

(2) During any period in which the member is receiving statutory maternity pay within the meaning of the Social Security Contributions and Benefits Act 1992 or is on paid ordinary maternity leave, paid adoption leave , paid shared parental leave or paid paternity leave, the member may—

(a) stop the periodical payments; or

(b) make periodical payments of an amount determined by reference to the member’s actual pay during that period.

(3) A member may stop that part of the periodical payments which relates to the years after the member would reach 60 and before the member would reach 65 without stopping that part of the periodical payments which relates to the years after the member would reach 65 and before the member would reach normal pension age.

(4) If a member stops the periodical payments during a period of assumed pay, the member may, with the approval of the Minister, resume the periodical payments at the beginning of the next pay period after the period of assumed pay ends.

SCHEDULE 2 — Transitional provisions

PART 1 — General

Interpretation - general

1

In this Schedule—

“closing date”, in relation to a transition member, means— if the member is a full protection member of the PCSPS, 31st March 2022; if the member is a tapered protection member of the PCSPS, the tapered protection closing date for that member; orif the member is not a protected member of that scheme, the scheme closing date;

“existing public body pension scheme” means a public body pension scheme specified on a list published by the Minister for the purpose of this Schedule;

“full protection member”, in relation to the PCSPS, has the meaning given in paragraph 9;

“protected member”, in relation to the PCSPS, means a full protection member or tapered protection member of that scheme;

“protection period”—for a full protection member of the PCSPS, has the meaning given in paragraph10;for a tapered protection member of the PCSPS, has the meaning given in paragraph 20;

“section 1(4A) eligible person” means a person who is eligible to be an active member of the PCSPS by virtue of being a person who is in service in an office or employment specified in a list produced for the purposes of section 1(4A) (superannuation schemes as respects civil servants, etc) of SA 1972[^f00099];

“tapered protection closing date”, in relation to a tapered protection member of the PCSPS, has the meaning given in paragraph 3;

“tapered protection member”, in relation to the PCSPS, has the meaning given in paragraph 19;

“transition date”, in relation to a transition member, means— if the member is a full protection member of the PCSPS, 1st April 2022; if the member is a tapered protection member of the PCSPS, the day after the tapered protection closing date for that member;if the member is not a protected member of that scheme, the day after the scheme closing date or, if later, the day the person ceased to be a protected member of the scheme;

“transition member” means a person—who is a member of the PCSPS by virtue of the person’s pensionable service under that scheme before the transition date; andwho is a member of this scheme by virtue of the person’s pensionable service under this scheme.

Meaning of “continuity of service”

2

(1) For the purposes of this Schedule, a transition member (T) has continuity of service between pensionable service in the PCSPS and pensionable service in this scheme (“continuity of service”) unless T has a gap in service exceeding 5 years which—

(a) begins on or before T’s closing date; and

(b) ends on the day on which T becomes an active member of this scheme.

(2) For the purpose of sub-paragraph (1), after the scheme closing date T is not on a gap in service while T is in service which is pensionable under an existing scheme, an existing public body pension scheme, a scheme under section 1 of the Act or a new public body pension scheme.

Meaning of “tapered protection closing date”

3

(1) The tapered protection closing date for a tapered protection member of the PCSPS other than a member to whom paragraph 9(5) or 27 applies is—

(a) if the member exercises the option under Part 4 of this Schedule, the scheme closing date; or

(b) if the member does not exercise that option, a date between 31stMay2015 and 31stJanuary2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.

(2) A tapered protection closing date determined under sub-paragraph (1)(b) must fall on the last day of a month.

(3) The tapered protection closing date for a tapered protection member of the PCSPS to whom paragraph 9(5) or 27 applies is a date before 1st April 2022 determined by the scheme manager.

Meaning of “active member of the PCSPS”

4

(1) This paragraph applies to a person (P) who is an active member of the PCSPS other than as a section 1(4A) eligible person.

(2) For the purpose of Parts 2 and 3 of this Schedule, P is an active member of the PCSPS on a given date if on that date—

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

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

(3) For the purpose of sub-paragraph (2)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Meaning of “active member of an existing scheme”

5

(1) For the purpose of Parts 2 and 3 of this Schedule, a person (P) is an active member of an existing scheme (other than the PCSPS) 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 existing 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 existing scheme” means the date referred to in section 18(4)(a) or (b) of the Act, as applicable.

Meaning of “active member of an existing public body pension scheme”

6

(1) For the purpose of Parts 2 and 3 of this Schedule, a person (P) is an active member of an existing public body pension 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 existing public body pension 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 existing public body pension scheme” means the date determined under section31(2) of the Act by the public authority responsible for that scheme.

Commencement of active membership of this scheme

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Exceptions to section 18(1) of the Act: full protection members of the PCSPS

Interpretation of Part

8

In this Part—

“active member of an existing public body pension scheme” has the meaning given in paragraph 6;

“active member of an existing scheme” has the meaning given in paragraph 5; and

“active member of the PCSPS” has the meaning given in paragraph 4.

Full protection members of the PCSPS

9

(1) A person (P) to whom any of paragraphs 12 to 17 applies is a full protection member of the PCSPS.

(2) P ceases to be a full protection member of the PCSPS on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under the PCSPS unless sub-paragraph (3) or (4) applies; or

(b) 31st March 2022.

(3) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS.

(4) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P returns to service which is pensionable under the PCSPS after a gap in service not exceeding 5 years.

(5) If P returns to service which is pensionable under the PCSPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the PCSPS when P returns to that service.

(6) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the PCSPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(7)(a) and (b) of the Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS.

(7) In this paragraph—

“exception” means–in relation to an existing scheme, an exception under section 18(5) of the Act provided for in scheme regulations in relation to that scheme;in relation to an existing public body pension scheme, an exception under section 31(4) of the Act provided for by the public authority responsible for that scheme;

“fully protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the Act (or that section as applied by section 31(4)) applies for the purposes of that scheme.

(8) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Exception for full protection members during protection period

10

(1) The protection period for a person (P) who is a full protection member of the PCSPS is the period which—

(a) begins on the day after the scheme closing date (or if paragraph 15(3) applies, the day after the existing public body pension scheme closed to all members); and

(b) ends when P ceases to be a full protection member of the PCSPS (unless P is a tapered protection member by virtue of paragraph 9(5)).

(2) During the protection period—

(a) P is eligible to be in pensionable service under the PCSPS;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Full protection member not eligible to join this scheme

11

While a person (P) is a full protection member of the PCSPS, P is not eligible to be an active member of this scheme.

Members of the PCSPS on scheme closing date

12

(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the PCSPS on the scheme closing date and on 31stMarch2012; and

(b) P would, unless P dies, reach normal pension age under that scheme on or before 1stApril2022.

(3) This sub-paragraph applies if—

(a) P was an active member of an existing scheme other than the PCSPS or an existing public body pension scheme (“P’s transitional scheme”) on 31stMarch2012;

(b) P was an active member of the PCSPS on the scheme closing date; and

(c) P would, unless P dies, reach normal pension age under the PCSPS and P’s transitional scheme on or before 1stApril2022.

Pre-fresh start prison officers

13

(1) This paragraph applies if P was in service as a pre-fresh start prison officer under Section II of the PCSPS on—

(a) 31stMarch2012;

(b) the scheme closing date; and

(2) For the purposes of this paragraph, P is in service as a pre-fresh start prison officer if P is in service as a prison officer to whom rule 2.27 of Section II of the PCSPS applies.

(3) In sub-paragraph (2), “in service as a prison officer” has the meaning given in rule 2.26 of Section II of the PCSPS.

Members of an existing scheme

14

(1) This paragraph applies if—

(a) P was an active member of an existing scheme other than the PCSPS or an existing public body pension scheme on the closing date for that scheme;

(b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(c) P begins service which is pensionable under the PCSPS not more than 5 years after leaving pensionable service under an existing scheme other than the PCSPS;

(d) P would have been a fully protected member of the existing scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under the PCSPS; and

(e) P would, unless P dies, reach normal pension age under the PCSPS and P’s transitional scheme on or before 1stApril2022.

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the Act, as applicable;

(b) the closing date for an existing public body pension scheme is the date determined under section31(2) of the Act by the public authority responsible for that scheme;

(c) “exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations in relation to that scheme; and

(d) “fully protected member” of an existing scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the Act applies for the purposes of that scheme.

Members of an existing public body pension scheme

15

This paragraph applies if—

(a) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(b) P begins service which is pensionable under the PCSPS not more than 5 years after leaving pensionable service under an existing public body pension scheme; and

(c) P would, unless P dies, reach normal pension age under the PCSPS and P’s transitional scheme on or before 1st April 2022.

Fair Deal eligible persons transferred out on or before 31st March 2012

16

(1) This paragraph applies if—

(a) in the case of a person who is a section 1(4A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b) in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 of the SA 1972, sub-paragraphs (2), (3) and (5) apply.

(2) This sub-paragraph applies if—

(a) P ceased to be an active member of the PCSPS on a date (P’s transfer date) on or before 31stMarch2012;

(b) P begins service which is pensionable under the PCSPS as—

(i) a section 1(4A) eligible person;

(ii) a civil servant; or

(iii) a person serving in an employment or office listed in Schedule 1 of the SA 1972,

on a date (P’s re-joining date) after 31st March 2012; and

(i) P was not eligible to be in pensionable service under the PCSPS and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS before P’s transfer date; or

(ii) P was only eligible to be in pensionable service under the PCSPS as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS as a result of the transfer P was–

(aa) an active member of the PCSPS; and

(bb) continuously employed to carry out the transferred services whilst P was eligible to be in pensionable service under the PCSPS.

(3) This sub-paragraph applies if P is an active member of the PCSPS as—

(a) a section 1(4A) eligible person;

(b) a civil servant; or

continuously after P’s re-joining date.

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if P would, unless P dies, reach normal pension age under the PCSPS before 2ndApril2022.

(6) In this paragraph—

“continuously” means without a gap of any period;

“the transferred services” has the meaning given in regulation 16 (Fair Deal eligible persons).

Fair Deal eligible persons transferred out after 31st March 2012

17

(1) This paragraph applies if—

(a) in the case of a person who is a section 1(4A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b) in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 of the SA 1972, sub-paragraphs (2), (3) and (5) apply.

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31stMarch2012;

(b) P ceased to be an active member of the PCSPS or of this scheme on a date (P’s transfer date) after 31st March 2012;

(c) P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

(d) P begins service which is pensionable under the PCSPS as—

(i) a section 1(4A) eligible person;

(ii) a civil servant; or

(iii) a person serving in an employment or office listed in Schedule 1 of the SA 1972,

on a date (P’s re-joining date) after P’s transfer date; and

(e) Between P’s transfer date and P’s re-joining date—

(i) P was not eligible to be in pensionable service under the PCSPS and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS before P’s transfer date; or

(ii) P was only eligible to be in pensionable service under the PCSPS as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS as a result of the transfer P was–

(aa) an active member of the PCSPS; and

(bb) continuously employed to carry out the transferred services whilst P was eligible to be an active member of the PCSPS.

(3) This sub-paragraph applies if P is an active member of the PCSPS as—

(a) a section 1(4A) eligible person;

(b) a civil servant; or

continuously after P’s re-joining date.

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if P would, unless P dies, reach normal pension age under the PCSPS and P’s transitional scheme before 2ndApril2022.

(6) In this paragraph—

“continuously” means without a gap of any period;

“the transferred services” has the meaning given in regulation 16 (Fair Deal eligible persons).

PART 3 — Exceptions to section 18(1) of the Act: tapered protection members of the PCSPS

Interpretation of Part

18

In this Part—

“active member of an existing public body pension scheme” has the meaning given in paragraph 6;

“active member of an existing scheme” has the meaning given in paragraph 5; and

“active member of the PCSPS” has the meaning given in paragraph 4.

Tapered protection members of the PCSPS

19

(1) A person (P) to whom any of paragraphs 22 to 27 applies is a tapered protection member of the PCSPS.

(2) P ceases to be a tapered protection member of the PCSPS on whichever of the following days occurs first—

(a) P’s tapered protection closing date; or

(b) the day on which P ceases to be in pensionable service under the PCSPS, unless sub-paragraph (3) or sub-paragraph (4) applies.

(3) This sub-paragraph applies if—

(a) Before P’s transition date P returns to service which is pensionable under the PCSPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P would have been a protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the PCSPS.

(4) This sub-paragraph applies if—

(a) Before P’s transition date P returns to service which is pensionable under the PCSPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

(b) P returns to service which is pensionable under the PCSPS after a gap in service not exceeding 5 years.

(5) In this paragraph—

“exception” means–in relation to an existing scheme, an exception under section 18(5) of the Act provided for in scheme regulations in relation to that scheme;in relation to an existing public body pension scheme, an exception under section 31(4) of the Act provided for by the public authority responsible for that scheme; and

(6) “protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies for the purposes of that scheme.

(7) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Exception for tapered protection members during protection period

20

(1) The protection period for a tapered protection member of the PCSPS is the period which—

(a) begins on the day after the scheme closing date (or if paragraph 24(3) applies, the day after the day that the existing public body pension scheme closed to any further accrual by members of benefits under the scheme); and

(b) ends when P ceases to be a tapered protection member of the PCSPS.

(2) During the protection period—

(a) P is eligible to be in pensionable service under the PCSPS;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Tapered protection member not eligible to join this scheme

21

While a person (P) is a tapered protection member of the PCSPS, P is not eligible to be an active member of this scheme.

Members of the PCSPS on scheme closing date

22

(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the PCSPS on the scheme closing date and on 31stMarch2012; and

(b) P would, unless P dies, reach normal pension age under the PCSPS between 2ndApril2022 and 1stSeptember2025 (inclusive).

(3) This sub-paragraph applies if—

(a) P was an active member of an existing scheme other than the PCSPS, or of an existing public body pension scheme, (“P’s transitional scheme”) on 31stMarch2012;

(b) P was an active member of the PCSPS on the scheme closing date; and

(i) the PCSPS during the period beginning with 2ndApril2022 and ending with 1stSeptember2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

Members of an existing scheme

23

(1) This paragraph applies if—

(a) P was an active member of an existing scheme other than the PCSPS or an existing public body pension scheme on the closing date for that scheme;

(b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(c) P begins service which is pensionable under the PCSPS not more than 5 years after leaving pensionable service under an existing scheme other than the PCSPS;

(d) P would have been a protected member of the existing scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under the PCSPS; and

(e) P would, unless P dies, reach normal pension age under—

(i) the PCSPS during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the Act, as applicable;

(b) the closing date for an existing public body pension scheme is the date determined under section 31(2) of the Act by the public authority responsible for that scheme;

(c) “exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations in relation to that scheme; and

(d) “protected member of the existing scheme” means a person in respect of whom an exception applies for the purposes of that scheme.

Members of an existing public body pension scheme

24

This paragraph applies if—

(a) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(b) P begins service which is pensionable under the PCSPS not more than 5 years after leaving pensionable service under an existing public body pension scheme; and

(i) the PCSPS during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

Fair Deal eligible persons transferred out on or before 31st March 2012

25

(1) This paragraph applies if—

(a) in the case of a person who is a section 1(4A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b) in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 of the SA 1972, sub-paragraphs (2), (3) and (5) apply.

(2) This sub-paragraph applies if—

(a) P ceased to be an active member of the PCSPS on a date (P’s transfer date) on or before 31stMarch2012;

(b) P begins service which is pensionable under the PCSPS as—

(i) a section 1(4A) eligible person;

(ii) a civil servant; or

(iii) a person serving in an employment or office listed in Schedule 1 of the SA 1972,

on a date (P’s re-joining date) after 31st March 2012; and

(i) P was not eligible to be in pensionable service under the PCSPS and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS before P’s transfer date; or

(ii) P was only eligible to be in pensionable service under the PCSPS as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS as a result of the transfer P was–

(aa) an active member of the PCSPS; and

(bb) continuously employed to carry out the transferred services whilst P was eligible to be in pensionable service under the PCSPS.

(3) This sub-paragraph applies if P is an active member of the PCSPS as—

(a) a section 1(4A) eligible person;

(b) a civil servant; or

continuously after P’s re-joining date.

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if P would, unless P dies, reach normal pension age under the PCSPS during the period beginning with 2ndApril2022 and ending with 1stSeptember2025.

(6) In this paragraph—

“continuously” means without a gap of any period;

“the transferred services” has the meaning given in regulation 16 (Fair Deal eligible persons).

Fair Deal eligible persons transferred out after 31st March 2012

26

(1) This paragraph applies if—

(a) in the case of a person who is a section 1(4A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b) in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 of the SA 1972, sub-paragraphs (2), (3) and (5) apply.

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31stMarch2012;

(b) P ceased to be an active member of the PCSPS or of this scheme on a date (P’s transfer date) after 31st March 2012;

(c) P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

(d) P begins service which is pensionable under the PCSPS as—

(i) a section 1(4A) eligible person;

(ii) a civil servant; or

(iii) a person serving in an employment or office listed in Schedule 1 of the SA 1972,

on a date (P’s re-joining date) after P’s transfer date; and

(e) Between P’s transfer date and P’s re-joining date—

(i) P was not eligible to be in pensionable service under the PCSPS and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS before P’s transfer date; or

(ii) P was only eligible to be in pensionable service under the PCSPS as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS as a result of the transfer P was–

(aa) an active member of the PCSPS; and

(bb) continuously employed to carry out the transferred services whilst P was eligible to be in pensionable service under the PCSPS.

(3) This sub-paragraph applies if P is an active member of the PCSPS as—

(a) a section 1(4A) eligible person;

(b) a civil servant; or

continuously after P’s re-joining date.

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if, P would, unless P dies, reach normal pension age under—

(i) the PCSPS during the period beginning with 2ndApril2022 and ending with 1stSeptember2025; and

(ii) P’s transitional scheme on or before 1stSeptember2025.

(6) In this paragraph—

“continuously” means without a gap of any period;

“the transferred services” has the meaning given in regulation 16 (Fair Deal eligible persons).

Tapered protection members of an existing scheme or an existing public body pension scheme

27

(1) This paragraph applies if—

(a) paragraph 14 or 15 of this Schedule would have applied but for the fact that P would not have been a fully protected member of the existing scheme or existing public body pension scheme referred to in paragraph 14(1)(c) or 15(2)(c), as applicable (“the transferring scheme”) on the date P begins service which is pensionable under the PCSPS; and

(b) P would have been a protected member of the transferring scheme by virtue of an exception to which section 18(7)(a) and (b) of the Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under the transferring scheme on the date P returns to service which is pensionable under the PCSPS.

(2) In this paragraph—

“exception” means–in relation to an existing scheme, an exception under section 18(5) of the Act provided for in scheme regulations in relation to that scheme;in relation to an existing public body pension scheme, an exception under section 31(4) of the Act provided for by the public authority responsible for that scheme; and

“fully protected member” of an existing scheme or an existing public body scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the Act (or that section as applied by section 31(4)) applies for the purposes of that scheme.

PART 4 — Option for tapered protection members of the PCSPS

Option to begin pensionable service before the transition date

28

(1) This paragraph applies in relation to a tapered protection member (P) of the PCSPS who is in pensionable service in the PCSPS at any time during—

(a) the period beginning with 15th August 2014 and ending with 30th September 2014; or

(b) any other period determined by the scheme manager.

(2) Not later than 31stOctober2014 (or within any longer period determined by the scheme manager), the scheme manager may offer P the option to begin pensionable service under this scheme on the day after the scheme closing date.

(3) If P does not exercise the option within 2 months after the date of the offer (or within any longer period determined by the scheme manager), P begins pensionable service under this scheme on P’s transition date.

PART 5 — Payment of ill-health benefits to transition members with continuity of service

Transition member who has not reached normal pension age under the PCSPS

29

(1) This paragraph applies in relation to a transition member with continuity of service who—

(za) is not a person in relation to whom paragraph 29B applies;

(a) becomes entitled to an ill-health pension under this scheme; and

(b) has not reached normal pension age under the PCSPS.

(2) If this paragraph applies—

(a) an ill-health pension and lump sum are not payable under the PCSPS;

(b) an ill-health pension is payable under this scheme in accordance with this paragraph; and

(3) If the member meets the lower tier payment threshold only—

(a) the annual rate of ill-health pension payable under this scheme is the sum of–

(i) the annual rate of a lower tier earned pension payable under this scheme; and

(ii) the annual rate of full retirement earned pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS, be payable to the member at normal pension age under the PCSPS; and

(b) the member (“M”) is entitled to payment of a lump sum of the amount of the lump sum that would, had M been entitled to payment of an ill-health pension under the PCSPS, been payable to M under the rules of the PCSPS applicable to M.

(4) Subject to sub-paragraphs (4A) and (4B) and paragraph 29A, if the member meets the upper tier payment threshold—

(a) the annual rate of ill-health pension payable under this scheme is the sum of–

(i) the annual rate of a lower tier earned pension payable under this scheme;

(ii) the annual rate of an upper tier top up earned pension payable under this scheme; and

(iii) the annual rate of full retirement earned pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS, be payable to the member at normal pension age under the PCSPS; and

(b) the member (“M”) is entitled to payment of a lump sum of the amount of the lump sum that would, had M been entitled to payment of an ill-health pension under the PCSPS, been payable to M under the rules of the PCSPS applicable to M.

(4A) Where the conditions in sub-paragraph (4B) are met, the annual rate of an upper tier top up earned pension payable under this scheme is determined in accordance with paragraph 29A.

(4B) The conditions are—

(a) In the period of 12 months beginning with the day on which M became an active member of this scheme—

(i) M was on a period of unpaid sick leave; or

(ii) M was on a period of sick leave on reduced pay in respect of which M was paid at a rate determined by M’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension;

(b) The latest period of leave mentioned in sub-paragraph (a) ended less than 12 months before M became entitled to an ill-health pension under this scheme.

(5) If, after the ill-health pension becomes payable under this paragraph, a transfer payment is made from the PCSPS in respect of the member’s rights under that scheme, the scheme manager must deduct from the amount of ill-health pension payable under this paragraph in respect of service in the PCSPS an amount which is equal to the value of the pension represented by that transfer payment.

(6) If the full retirement account specifies an amount of full retirement added pension of any description, the following pensions are payable with the lower tier earned pension—

(a) the annual rate of full retirement added pension of that description payable under this scheme; and

(b) the annual rate of full retirement added pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS, be payable to the member with that pension under the PCSPS.

(7) The amount of pension payable under this paragraph which represents the amount that would have been payable under the PCSPS is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the member would have been entitled under the PCSPS in accordance with the rules of that scheme.

(8) In this paragraph—

(a) a reference to the annual rate of a full retirement earned pension payable under the PCSPS means the annual pension payable under the following provisions–

(i) if the member was an active member of Section I of the PCSPS before becoming an active member of this scheme, rule D1 of that Section;

(ii) if the member was an active member of Section II of the PCSPS before becoming an active member of this scheme, rules 3.1 to 3.3a of that Section;

(iii) if the member was an active member of Section III of the PCSPS before becoming an active member of this scheme, rule E.2 of that Section;

(b) a reference to full retirement added pension payable under the PCSPS means added pension payable under the following provisions–

(i) if the member was an active member of Section I of the PCSPS before becoming an active member of this scheme, rule C1.11 of that Section;

(ii) if the member was an active member of Section II of the PCSPS before becoming an active member of this scheme, rule 14.13 of that Section;

(iii) if the member was an active member of Section III of the PCSPS before becoming an active member of this scheme, rule E.2 of that Section; and

(i) if the member was an active member of Section I of the PCSPS before becoming an active member of this scheme, rule D4 of that Section;

(ii) if the member was an active member of Section II of the PCSPS before becoming an active member of this scheme, rules 3.4 to 3.7 of that Section;

(iii) if the member was an active member of Section III of the PCSPS before becoming an active member of this scheme, rules E.7 to E.9 of that Section.

Transition member who has reached normal pension age under the PCSPS

30

(1) This paragraph applies in relation to a transition member with continuity of service who is receiving payment of an ill-health pension in accordance with paragraph 29.

(2) When the member reaches normal pension age under the PCSPS—

(a) the benefits payable under paragraph 29 in respect of service in the PCSPS cease to be payable under this scheme; ...

(b) the member becomes entitled under the PCSPS to the immediate payment of a full retirement earned pension within the meaning of paragraph 29, in accordance with the rules of that scheme ; and

(3) In calculating the annual rate of full retirement earned pension payable under the PCSPS for the purposes of sub-paragraph (2)(b), the following are subtracted—

(a) the commutation amount (if any) , to the extent that it relates to pension payable under paragraph 29(3)(a)(ii) and 29(4)(a)(iii)

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and

(c) an amount equal to any transfer payment made to another scheme before the member reached normal pension age under the PCSPS.

(4) Before the amounts in sub-paragraph (3)(a) and (b) are subtracted they must be increased by the amount by which the annual rate of a pension of that amount would have been increased under PIA1971 if—

(a) that pension was eligible to be so increased; and

(b) the beginning date for that pension was the date that ill-health pension became payable under this scheme.

PART 6 — Payment of death benefits in respect of transition members with continuity of service

Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service

31

(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) Benefits for surviving spouses, surviving civil partners or other adult dependants are not payable under the PCSPS in respect of the member.

(3) The annual rate of dependant’s earned pension payable under regulation 107(3)(a) is the sum of—

(a) the amount calculated under regulation 110 including the additional amount under regulation110(5)(b) for a transition member with continuity of service; and

(b) the amount of annual pension which would have been payable under the PCSPS to the member’s surviving spouse, surviving civil partner or other adult dependant had those benefits been payable under the PCSPS in respect of the member.

(4) The amount of pension payable in accordance with sub-paragraph (3) which represents the amount that would have been payable under the PCSPS is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the member’s surviving spouse, surviving civil partner or other adult dependant would have been entitled under the PCSPS in accordance with the rules of that scheme.

(5) In this paragraph, “period of service” means—

(a) the member’s continuous period of pensionable service under this scheme; and

(b) the member’s pensionable service under the PCSPS before the transition date for that member.

Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service

32

(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) Benefits for eligible children are not payable under the PCSPS in respect of the member.

(3) The annual rate of child’s earned pension payable under regulation 114(4)(a) is the sum of—

(a) the annual rate of child’s earned pension calculated under regulation 115 (annual rate of eligible child’s pension); and

(b) the amount of annual pension which would have been payable under the PCSPS to any eligible children of the member had those benefits been payable under the PCSPS in respect of the member.

(4) The amount of pension payable in accordance with sub- paragraph (3) which represents the amount that would have been payable under the PCSPS is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the eligible child would have been entitled under the PCSPS in accordance with the rules of that scheme.

(5) In this paragraph, “period of service” means—

(a) the member’s continuous period of pensionable service under this scheme; and

(b) the member’s pensionable service under the PCSPS before the transition date for that member.

Death in service lump sum

33

(1) This paragraph applies in relation to a transition member with continuity of service who dies in service within the meaning of regulation 130 (death in service).

(2) On the death of the member—

(a) a lump sum death benefit is payable under regulation 130; but

(b) a death in service lump sum death benefit is not payable under the PCSPS.

(3) Where the member was an active member of Section I of the PCSPS before becoming an active member of this scheme, the member is entitled to an additional payment calculated in accordance with the table.

(4) In the table, “final pay” means the member’s final pay calculated under regulation 128 (meaning of “final pay”).

Member dies in scheme year beginning on	Additional payment
1stApril 2015	1 x final pay
1stApril 2016	0.9 x final pay
1stApril 2017	0.8 x final pay
1stApril 2018	0.7 x final pay
1stApril 2019	0.6 x final pay
1stApril 2020	0.5x final pay
1stApril 2021	0.4 x final pay
1stApril 2022	0.3 x final pay
1stApril 2023	0.2 x final pay
1stApril 2024	0.1 x final pay
1stApril 2025 or any subsequent 1stApril	0 x final pay

Death out of service lump sum

34

(1) For the purpose of payment of death benefits, a transition member with continuity of service who dies as a deferred member or pensioner member of this scheme dies out of service under this scheme and the PCSPS.

(2) On the death of a deferred member or pensioner member of this scheme—

(a) if regulation 131 (death out of service) applies to the member, a lump sum death benefit is payable under that regulation; and

(b) if the member is a deferred member or pensioner member of the PCSPS and the conditions for payment of a death out of service lump sum death benefit under the rules of the PCSPS are met, a death out of service lump sum death benefit is payable under the PCSPS.

PART 7 — Transitional provisions relating to the PCSPS

Pensionable service under the PCSPS

35

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under this scheme.

(2) The following provisions of the PCSPS continue to apply after the closing date as if T continued in pensionable service under that scheme—

(a) the provisions relating to payment of contributions for added pension and added years; and

(b) if T is a member of Section III of the PCSPS, the provisions in that Section relating to the indexation of pension accounts for an active member.

(3) In determining whether T qualifies under the PCSPS for retirement benefits (other than an ill-health pension), T’s pensionable service under that scheme terminates when T’s pensionable service under this scheme terminates.

(4) in determining T’s final salary for any purposes of the PCSPS under Schedule 7 (final salary link) to the Act, pensionable earnings derived from service under this scheme are to be regarded as derived from service under the PCSPS.

Ill-health retirement certificate not given

36

(1) This paragraph applies if a member of the PCSPS (or the member’s employer on behalf of the member)—

(a) claimed payment of an ill-health pension under that scheme before the member’s transition date; and

(b) the pension does not become payable before the member’s transition date.

(2) If the member is not entitled to immediate payment of an ill-health pension under the PCSPS, the member joins this scheme on whichever is the later of—

(a) the member’s transition date; and

(b) the day after all relevant appeal rights in relation to the scheme medical adviser’s decision not to give an ill-health retirement certificate are exhausted.

(3) In this paragraph—

“all relevant appeal rights” includes the member’s appeal rights under section 11.10 of the Civil Service Management Code issued under Part 1 of the Constitutional Reform and Governance Act2010[^f00100]; and

“ill-health retirement certificate” means a certificate given by the scheme medical adviser under the PCSPS stating that, in the opinion of the scheme medical adviser, the member has suffered a permanent breakdown in health involving incapacity for employment or total incapacity for employment.

Deferred membership of the PCSPS

37

(1) A transition member with continuity of service (T) does not become a deferred member of the PCSPS unless T becomes a deferred member of this scheme.

(2) If T opts out of this scheme in relation to service in a scheme employment and T has at least 2 years’ qualifying service—

(a) T becomes a deferred member of the PCSPS in relation to that service; and

(b) any periodical payments for added pension or added years paid under the PCSPS cease to be payable.

(3) If T re-enters pensionable service under this scheme after a gap in service not exceeding 5 years, T ceases to be a deferred member of the PCSPS.

(4) After the scheme closing date T is not on a gap in service while T is in service which is pensionable under an existing scheme, an existing public body pension scheme, a scheme under section 1 of the Act or a new public body pension scheme.

Repayment of contributions under the PCSPS

38

If a transition member with continuity of service (T) opts out of this scheme and T has less than 2 years’ qualifying service—

(a) T must be repaid members’ contributions paid under the PCSPS; and

(b) any periodical payments for added pension or added years paid under the PCSPS cease to be payable.

Qualifying for retirement benefits under the PCSPS

39

In determining whether a transition member with continuity of service qualifies for retirement benefits under the PCSPS, the member’s qualifying service includes the total of—

(a) the member’s qualifying service under the PCSPS; and

(b) the member’s qualifying service under this scheme.

Final salary link not to apply again to a pension in payment

40

Where any element of a pension under the PCSPS which is in payment has been calculated by reference to Schedule 7 (final salary link) to the Act, that element of the pension is not recalculated by reference to Schedule 7 in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 of Schedule 7 to the Act) unless the further period of pension is aggregated under the rules of the PCSPS applicable to the member.

PART 8 — Miscellaneous transitional provisions

Declaration continues to have effect

41

(1) This paragraph applies if a transition member with continuity of service has not made a declaration under these Regulations that another adult is the dependant of the member for the purpose of death benefits under this scheme.

(2) An existing declaration has effect as if made under these Regulations until the transition member makes a declaration under these Regulations.

(3) In this paragraph, “existing declaration” means a declaration which—

(a) was made for the purpose of the PCSPS; and

(b) as at the closing date, had effect under that scheme.

Nomination under the PCSPS continues to have effect

42

(1) This paragraph applies if a transition member with continuity of service has not nominated a person under these Regulations to receive a lump sum death benefit under this scheme.

(2) An existing nomination has effect as if made under these Regulations until the transition member makes a nomination under these Regulations.

(3) In this paragraph, “existing nomination” means a nomination which—

(a) was made for the purpose of the PCSPS; and

(b) as at the closing date, had effect under that scheme.

PART 9 — Transfer of final salary benefits

Meaning of “final salary benefit”

43

(1) In this Part, “final salary benefit” means benefit accrued under a final salary scheme, subject to sub-paragraph (2).

(2) Where only part of the pension entitlement payable under a final salary scheme to or in respect of a person which is based on the pensionable service of that person is or may be determined by reference to the person’s final salary, “final salary benefit” means the benefit in respect of which the pension entitlement is so determined.

Acceptance of club transfer value payments and bulk transfers

44

(1) If, in circumstances where regulation 156 applies, the special terms agreed for the acceptance of transfer payments require such part of a transfer value payment as relates to a member’s final salary benefit to be paid into the PCSPS, that part of the transfer value payment must be paid into the PCSPS.

(2) Any part of a club transfer value payment from another scheme that relates to a member’s final salary benefit must be paid into the PCSPS.

Member of this scheme or the PCSPS

45

(1) This paragraph applies to a person who transfers final salary benefits into the PCSPS.

(2) Unless the person is a protected member of the PCSPS, the person’s service which has been transferred into the PCSPS is taken to be qualifying service for the purposes of this scheme and the person—

(a) becomes a member of this scheme; and

(b) is taken to be a transition member with continuity of service.

(3) If the person is a protected member of the PCSPS, the scheme manager must determine, by reference to the rules of the PCSPS, which Section of the PCSPS the person joins.

PART 10 — Civil Service Compensation Scheme

Quarantine

46

(1) This paragraph applies if—

(a) a member (P) left service in an employment to which the Civil Service Compensation Scheme applies in circumstances where P received benefits under rule 2.2, 2A.3, 3.1, 3.2A or 7.2 of the Civil Service Compensation Scheme which were enhanced to take account of a period after P left service (“the period of prospective service”);

(b) P subsequently begins service in a scheme employment; and

(c) the period beginning with the day after P’s last day of service as referred to in paragraph (a) and ending with the day before P subsequently begins service as referred to in paragraph (b) is less than the period of prospective service.

(2) During the period of prospective service—

(a) P does not accrue any earned pension under this scheme; and

(b) the rules of the PCSPS apply, with the exception of rules relating to payment of contributions by the employer and the member.

(3) Despite sub-paragraph (2)—

(a) P is treated as an active member of this scheme during the period of prospective service; and

(b) the period of prospective service counts as qualifying service.

Signed

Francis Maude — Minister for the Cabinet Office — 23 July 2014

David Evennett — Sam Gyimah — Two of the Lords Commissioners of Her Majesty’s Treasury — 23 July 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Part 2 of these Regulations establishes a scheme for the payment of pensions and other benefits to civil servants and other persons as determined by the Minister under section 25(5) of the Public Service Pensions Act 2013 (c.25). The scheme so established is a career average revalued earnings scheme.

Part 3 contains governance provisions including delegation of the scheme manager’s functions and establishment of the Civil Service Pension Board and a scheme advisory board.

Part 4 provides for scheme membership. It sets out the key concepts of scheme employment and pensionable earnings. It contains eligibility and auto-enrolment provisions.

Part 5 provides for the establishment of a member’s pension accounts in relation to a continuous period of pensionable service under this scheme. It also provides for the establishment of a pension credit member’s account.

Part 6 provides for a member’s entitlement to payment of retirement benefits including partial retirement benefits and ill-health benefits. It also provides for the assignment of benefits. It sets out the key concept of qualifying service.

Part 7 provides for benefits for pension credit members.

Part 8 provides for death benefits payable to surviving adults and eligible children and for payment of lump sum benefits. It also provides for the recovery and suspension of the payments in certain cases.

Part 9 provides for the payment of contributions by members and employers.

Part 10 provides for making and receiving transfer payments.

Part 11 provides for actuarial valuations and employer cost cap.

Part 12 contains supplementary provisions on payment of pensions, forfeiture and set off, payment and deduction of tax and miscellaneous provisions including the determination of questions.

Schedule 1 makes provision for payments for extra pension.

Schedule 2 makes transitional provision.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

Footnotes

[^f00001]: See also section 1(3) and Schedule 1.

[^f00002]: type=start time=1407916928592Section 18(5A)type=end time=1407916928592 is inserted by the Pensions Act 2014 (c.19), section 52.

[^f00003]: See also section 8(2)(a) and (4).

[^f00004]: See also section 12(1) to (3) and (5): coming into force on 1st April 2015.

[^f00005]: 2013 c. 25.

[^f00006]: 2004 c. 12.

[^f00007]: 1971 c. 56.

[^f00008]: 1993 c. 48.

[^f00009]: 1995 c. 26.

[^f00010]: 1972 c. 11.

[^f00011]: 1999 c. 30.

[^f00015]: Section 228 was substituted by the Finance Act 2011 (c. 11), Schedule 17, paragraphs 1 and 4 and was amended by the Finance Act 2013 (c. 29), section 49.

[^f00016]: Section 227 was amended by the Finance Act 2009 (c. 10), Schedule 2, paragraphs 10 and 15 and the Finance Act 2011, Schedule 16, paragraph 45 and Schedule 17, paragraphs 1 and 3.

[^f00017]: Section 8(2) was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) section 1(5) and the Welfare Reform and Pensions Act 1999 (c.30) section 39(1) and (4). Section 8(2) of the PIA may be applied subject to such modifications, adaptations and exceptions as may be specified in regulations under section 5(3) of that Act.

[^f00018]: Section 1 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) section 8(1) and (2); the Pension Schemes Act 1993 (c.48) Schedule 8 paragraph 6; the Scotland Act 1998 (c.46) Schedule 8 paragraph 14; the Public Bodies Act 2011 (c. 24) section 34; the Financial Services Act 2012 (c.21) Schedule 18 paragraph 35; the Public Service Pensions Act 2013 (c. 25) Schedule 8 paragraphs 6 and 7 and Schedule 9 paragraphs 1 and 2; and S.I. 2000/2040, 2001/3649, 2007/126 and 2013/3115.

[^f00019]: Section 14 was amended by the Pensions Act 1995 (c. 26) Schedule 5 paragraph 27 and Schedule 7 Part 3, the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2) Schedule 1 paragraph 38 and the Proceeds of Crime Act 2002 (c. 29) Schedule 11 paragraphs 1 and 22.

[^f00020]: Section 17 was amended by the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2) Schedule 1 paragraph 39; the Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c. 35) section 284(2); the Pensions Act 2007 (c. 22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c. 30) Schedule 4 paragraphs 18 and 20; and S.I. 2005/2050 and 2014/560.

[^f00021]: Section 109 was amended by the Pensions Act 1995 (c. 26) section 55 and S.I. 2005/2050.

[^f00022]: Section 15A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) section 32(1) and (3).

[^f00023]: Under section 9 of the Act the change in prices to be applied in a period is the percentage increase or decrease as a Treasury order under that section may specify in relation to the period.

[^f00025]: There are amendments to section 279(1) but none is relevant.

[^f00026]: Section 1 was amended by the Pensions Act 2004 (c.35), section 239(1), (2), (3) and (4), the Finance Act 2007 (c.11), Schedule 20, paragraph 23 and Schedule 27 Part 3(2), S.I. 1999/1820 and S.I. 2000/3014.

[^f00027]: Regulations 4 and 8 were amended by 2005/2114.

[^f00028]: Section 124(1) was amended by the Welfare Reform and Pensions Act 1999 (c.30) Schedule 2 paragraph 18 and Schedule 12 paragraphs 43 and 61; the Pensions Act 2004 (c.35) section 7(2), Schedule 12 paragraphs 34 and 69 and Schedule 13, Part 1; the Child Support, Pensions and Social Security Act 2000 (c.19), section 49(2) and Schedule 5 paragraph 8; and S.I. 2005/2053, 2006/745 and 2014/560.

[^f00029]: See section 18(2) of the Act for the meaning of “existing scheme”.

[^f00030]: Section 28 was amended by the Civil Partnership Act 2004 (c.33) Schedule 27 paragraph 159 and the Pensions Act 2008 (c.30) section 128(1) and (2).

[^f00031]: Section 2(10) was amended by the Constitutional Reform and Governance Act 2010 (c. 25) Schedule 2 paragraph 2.

[^f00032]: Section 1 was amended by Pensions Act 2004 (c.35) section 285(1), (2), (3) and (4), Pensions Act 2007 (c.22) Schedule 4 paragraph 37 and Schedule 7 Part 6 and S.I. 2006/745.

[^f00033]: 1992 c. 4. Section 171ZL was inserted by the Employment Act 2002 (c. 22) section 4.

[^f00034]: Sections 171ZA and 171ZB were inserted by the Employment Act 2002 section 2. Subsections (1) of those sections were amended by the Work and Families Act 2006 (c. 18) Schedule 1 paragraphs 12 and 13.

[^f00036]: S.I. 1996/1172.

[^f00037]: See paragraph 1 of Schedule 1 to the Act for the meaning of “civil servants”.

[^f00038]: Schedule 1 was last amended by S.I. 2014/555.

[^f00039]: Section 1(4A) was inserted by the Public Service Pensions Act 2013 (c. 25) Schedule 9 paragraphs 1 and 2.

[^f00040]: See section 4(6) of the Act which sets out when statutory pension schemes are “connected”.

[^f00042]: See section 5(8) of the Act for the meaning of “pension board”.

[^f00043]: See section 5(6) of the Act for the meaning of “employer representatives” and “member representatives”.

[^f00044]: 2000 c. 20.

[^f00045]: See Schedule 1, paragraph 1 to the Act for the meaning of “civil servants”.

[^f00046]: See section 5(5) of the Act for the meaning of “conflict of interest”.

[^f00047]: See section 7(6) of the Act for the meaning of “scheme advisory board”.

[^f00048]: See section 7(5) of the Act for the meaning of “conflict of interest”.

[^f00049]: S.I. 2010/772; regulation 12 was amended by S.I. 2012/215.

[^f00050]: 2008 c. 30. Section 5 was amended by the Pensions Act 2011 (c. 19) sections 4(2), (3) and (4), 5(3) and (4) and 6(3).

[^f00051]: 1996 c. 14.

[^f00052]: The same option proportion must be specified for accrued standard earned pension and accrued added pension. See regulation 66.

[^f00053]: Regulation 139 provides for extinguishment of rights following the refund of all members’ contributions and payments for extra pension made by the member. Regulation 147 provides for extinguishment of rights following the making of a transfer value payment.

[^f00054]: Part 4A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) section 37.

[^f00055]: Regulation 139 provides for extinguishment of rights following the refund of all members’ contributions and payments for extra pension made by the member. Regulation 147 provides for extinguishment of rights following the making of a transfer value payment.

[^f00056]: Regulation 35 provides for the calculation of an amount of accrued earned pension. This amount forms the basis for determining the amount of full retirement earned pension under regulation 52. The annual rate of full retirement earned pension in relation to active members is calculated under regulation 61.

[^f00057]: Section 241 was amended by the Finance Act 2006 (c.25) Schedule 21 paragraphs 2 and 9, the Finance Act 2007 (c.11) Schedule 19 paragraphs 1 and 15 and the Finance Act 2011 (c.11) Schedule 16 paragraphs 62 and 74.

[^f00058]: Section 14 was amended by the Pensions Act 1995 (c. 26) Schedule 5 paragraph 27 and Schedule 7 Part 3, the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2) Schedule 1 paragraph 38 and the Proceeds of Crime Act 2002 (c. 29) Schedule 11 paragraphs 1 and 22.

[^f00059]: Paragraph 15(3) was amended by S.I. 2005/3229.

[^f00060]: Section 167 was amended by the Finance Act 2007 (c. 11) Schedule 20 paragraph 22 and the Finance Act 2011 (c. 11) Schedule 16 paragraph 11. See also Part 2 of Schedule 28 to that Act for the meaning of expressions used in section 167.

[^f00061]: S.I. 2000/1054.

[^f00062]: Regulation 94 provides for the option to buy out early payment reduction.

[^f00063]: Number 26 of 1995 of the Acts of the Oireachtas of the Republic of Ireland.

[^f00064]: An active member’s account is closed under regulation 45 when a full retirement pension becomes payable.

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