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

• (6) If the employer makes a special payment under paragraph (5)(a), the lump sum payable to the member under the compensation scheme is reduced by the amount of the special payment.

• (7) The scheme manager, after consulting the scheme actuary, must determine the actuarial reduction that would apply if a member exercises the option under this regulation.

• (8) Where a member exercises the option under this regulation, references in these Regulations to the early payment reduction apply as if the reference were to the actuarial reduction determined under this regulation.

Option to defer payment of added pension

Option to commute part of pension

Option to commute whole of member’s accrued pensions (serious ill-health)

Meaning of “surviving partner”

29A

• (1) Where this paragraph applies, the annual rate of upper tier top up earned pension payable under this scheme is the greater of the annual rates of upper tier top up earned pension calculated in accordance with—

• (a) regulation 76; and

• (b) sub-paragraph (2).

• (2) The annual rate of upper tier top up earned pension calculated in accordance with this sub-paragraph is calculated in the same way as the annual rate of full retirement earned pension is calculated under regulation 61, but—

• (a) the references to the member’s full retirement earned pension are taken to be references to the enhancement fraction of the deemed pension; and

• (b) the early payment reduction is not subtracted.

• (3) In this paragraph—

• “deemed pension” means the amount of earned pension the member would have accrued in the member’s deemed period of pensionable service if the circumstances in paragraph 29(4B)(a) had not applied;

• “the enhancement fraction” is—$A/B$where—

• A is the member’s assumed period of pensionable service; and

• B is the shorter of—the member’s deemed period of pensionable service;the number of scheme years in relation to which an amount of earned pension was specified in the active member’s account, or would have been if the circumstances in paragraph 29(4B)(a) had not applied;

• “the member’s assumed period of pensionable service” means the period (expressed in years)—beginning with the day after the member’s period of service ceased; andending with—for a member employed for a fixed term, the day with which that term ends; orfor a member otherwise employed, the day before the day on which the member will reach prospective normal pension age (assuming that the member lives until that age);

• “the member’s deemed period of pensionable service” means the period (expressed in years)—beginning with the day the member became an active member of this scheme; andending with the day on which the member became entitled to an ill-health pension under this scheme.

Transition member who has reached normal pension age under the PCSPS

Transition member who made an application for ill-health pension under the PCSPS on or before 31st March 2022 which is determined after that date

29B

• (1) This paragraph applies in relation to a transition member (“M”)—

• (a) with continuity of service;

• (b) who before 1st April 2022—

• (i) had made an application for an ill-health pension under the PCSPS or this scheme (their “ill-health pension application”); and

• (ii) had not reached normal pension age under that scheme;

• (c) whose ill-health pension application is determined on or after 1st April 2022; and

• (d) who either—

• (i) would have been entitled to payment of an ill-health pension under the PCSPS if their ill-health pension application had been determined on 31st March 2022, or

• (ii) made the application during a period of remediable service within the meaning given in section 1 of PSPJOA 2022.

• (2) Where 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;

• (c) M becomes a deferred member of the PCSPS;

• (d) M is entitled to payment of a lump sum of the amount which would have been payable to M under the PCSPS.

• (3) Where M was not a member of Section II of the PCSPS immediately before 1st April 2022 and—

• (a) M would have met a payment threshold in the PCSPS and M meets the equivalent payment threshold in this scheme, the annual rate of ill-health pension payable under this scheme in respect of the payment threshold is the greater of—

• (i) the rate calculated in accordance with paragraph 29(3) (in respect of the lower tier payment threshold) or, if it applies, (4) (in respect of the upper tier payment threshold); and

• (ii) the rate which would have been payable to M under the PCSPS in respect of that payment threshold; or

• (b) M would have met a payment threshold in the PCSPS and M does not meet the equivalent payment threshold in this scheme, the annual rate of ill-health pension payable under this scheme in respect of the payment threshold is the rate which would have been payable to M under the PCSPS in respect of that payment threshold.

• (4) Where M was a member of Section II of the PCSPS immediately before 1st April 2022, the annual rate of ill-health pension payable under this scheme is—

• (a) where M meets a payment threshold in this scheme, the greater of—

• (i) the rate calculated in accordance with paragraph 29(3) (in respect of the lower tier payment threshold) or, if it applies, (4) (in respect of the upper tier payment threshold); and

• (ii) the rate which would have been payable to M under the PCSPS; or

• (b) where M does not meet a payment threshold in this scheme, the rate which would have been payable to M under the PCSPS.

• (5) If the full retirement account specifies an amount of full retirement added pension of any description, the rate payable is 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.

• (6) Any rate or amount payable under this paragraph which is determined by reference to a rate or an 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 rate or amount which would have been payable under the PCSPS in accordance with the rules of that scheme.

• (7) The following provisions of the PCSPS apply in relation to a transition member with continuity of service who is receiving payment of an ill-health pension in accordance with this paragraph as they apply in relation to such a member who is receiving payment of an ill-health pension in accordance with paragraph 29—

• (a) rule N.9 of Section I;

• (b) rule 18.13 of Section II;

• (c) rule M.9 of Section III.

• (8) In this paragraph—

• (a) the question of whether M would have met a payment threshold in the PCSPS is the question of whether M would have met the lower tier payment threshold or the upper tier payment threshold in the PCSPS if their ill-health pension application had been determined on 31st March 2022;

• (b) M only meets a payment threshold in this scheme if, in addition to meeting the criteria for that threshold, M would be entitled to payment of an ill-health pension under this scheme (disregarding this paragraph);

• (c) a reference to an amount or a rate which would have been payable to M under the PCSPS is a reference to the amount or the rate which would have been payable to M under the PCSPS if their ill health application had been determined on 31st March 2022;

• (d) terms which are defined for the purpose of paragraph 29 have the same meaning as in that paragraph;

• (e) “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022.

Transition member who has reached normal pension age under the PCSPS