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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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(2) The relevant decision-maker may make an election that, for such period of M’s remediable service as the relevant decision-maker specifies (“the opt-out period”), M’s service be treated as not having been pensionable service under a civil service scheme.

(3) Except where the scheme manager is the relevant decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a) made by or on behalf of M,

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

(4) The scheme manager may by written notice require a person who has made an application under paragraph (3) to provide in relation to the application such information that—

(a) is within the person’s possession, or

(b) the person may reasonably be expected to obtain.

(5) As soon as reasonably practicable after receipt of an application under paragraph (3), the scheme manager must—

(a) determine whether an election under paragraph (2) may be made in relation to M, and

(b) notify the person who made the application whether such an election may be made.

(6) Where the scheme manager is the relevant decision maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the relevant decision-maker, determine whether to make such an election in relation to M.

(7) The scheme manager may refuse an application under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have opted out of pensionable service for the opt-out period or an equivalent period.

(8) An election under paragraph (2) is made by—

(a) a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5);

(b) the scheme manager at the time determined by the scheme manager.

(9) Where an election under paragraph (2) is made, the scheme manager must—

(a) treat M as having opted that M’s service during the opt-out period should not be pensionable service under a civil service scheme, and

(b) pay to M or, where M is deceased, M’s personal representatives an amount of compensation equal to the amount of pension contributions M paid during the opt-out period.

(10) In this regulation, “relevant decision-maker” means, where M is—

(a) an immediate choice member, the immediate choice decision-maker;

(b) a deferred choice member, the deferred choice decision-maker.

Retrospective ill-health retirement assessment under alpha

62C

(1) This regulation applies to an immediate choice member (“M”), where M was, immediately before 1st April 2022, a full protection member within the meaning of paragraph 1 of Schedule 2 to the 2014 Regulations.

(2) The immediate choice decision-maker may elect for M’s service to be treated as if, during the period of M’s remediable service, M had claimed payment of ill-health benefits under Chapter 4 of Part 6 of the 2014 Regulations (“ill-health benefits”).

(3) Except where the scheme manager is the immediate choice decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a) made by or on behalf of M,

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

(4) The scheme manager may by written notice require the person who has made an application under paragraph (3) to provide in relation to the application such information that—

(a) is within the person’s possession, or

(b) the person may reasonably be expected to obtain.

(5) As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—

(a) determine whether an election under paragraph (2) may be made in relation to M,

(b) determine the entitlement, if any, to ill-health benefits for the period claimed, as if all of M’s remediable service had been in alpha, and

(c) notify the person who made the application what M’s entitlement, if any, to ill-health benefits for the period claimed would be.

(6) Where the scheme manager is the relevant decision maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the relevant decision-maker, determine whether to make such an election in relation to M.

(7) The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have claimed payment of ill-health benefits during the period of M’s remediable service.

(8) An election under paragraph (2) is made by—

(a) a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5)(c);

(b) the scheme manager at the time determined by the scheme manager.

(9) Where an election under paragraph (2) is made, the scheme manager must treat M’s service as if the ill-health benefits determined under paragraph (5)(b) had been payable 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.

Retrospective ill-health retirement assessment under Section II

62D

(1) This regulation applies in relation to an immediate choice member (“M”), where—

(a) M was, as at the closing date, a member of Section II, and

(b) either—

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

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

(2) The immediate choice decision-maker may make an election for M’s service to be treated as if, during the period of M’s remediable service, M had claimed payment of an ill-health pension.

(3) Except where the scheme manager is the immediate choice decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a) made by or on behalf of M,

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

(4) The scheme manager may by written notice require the person making the application under paragraph (3) to provide in relation to the application such information which—

(a) is within the person’s possession, or

(b) the person may reasonably be expected to obtain.

(5) As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—

(a) determine whether an election under paragraph (2) may be made in relation to M,

(b) determine the entitlement, if any, to ill-health pension for the period claimed, as if all of M’s remediable service had been in Section II, and

(6) Where the scheme manager is the immediate choice decision-maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the immediate choice decision-maker, determine whether to make an election under paragraph (2) in relation to M.

(7) The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have claimed payment of an ill-health pension during the period of M’s remediable service.

(8) An election under paragraph (2) is made by—

(a) a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5)(c);

(b) the scheme manager at the time determined by the scheme manager.

(9) Where an election under paragraph (2) is made, the scheme manager must treat M as if the ill-health pension had been payable 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.

Recalculation of partial retirement pension under PCSPS

62E

(1) This regulation applies in relation to a deferred choice member (“M”), where

(a) either—

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

(ii) M’s remediable service was mixed service,

(b) M exercised a partial retirement option under the PCSPS during M’s period of remediable service, and

(2) The deferred choice decision-maker may make an election that the pensionable service in respect of which M exercised the partial retirement option mentioned in paragraph (1)(b) be treated as if it included M’s remediable service up to and including the date on which that option was exercised.

(3) Except where the scheme manager is the eligible decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a) made by or on behalf of M,

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

(4) The scheme manager may by written notice require the person making the application under paragraph (3) to provide in relation to the application such information which—

(a) is within the person’s possession, or

(b) the person may reasonably be expected to obtain.

(5) As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—

(a) determine whether an election under paragraph (2) may be made in relation to M, and

(b) notify the person who made the application whether such an election may be made.

(6) Where the scheme manager is the person who may make an election under paragraph (2), the scheme manager must, as soon as is reasonably practicable after determining that they are that person, determine whether to make such an election in relation to M.

(7) The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service, have exercised an option under paragraph (2) in relation to M’s remediable service.

(8) An election under paragraph (2) is made by—

(a) a person other than the scheme manager when that person sends confirmation to the scheme manager that an election is to be made following receipt of the notification mentioned in paragraph (5);

(b) the scheme manager at the time determined by the scheme manager.

(9) Where an election under paragraph (2) is made, the scheme manager must adjust M’s subsequent partial retirement pension payments under the PCSPS as if the pensionable service in respect of which M exercised a partial retirement option under the PCSPS included M’s remediable service up to and including the date on which that option was exercised.

(10) In this regulation—

“partial retirement option under alpha” means an option exercisable under Chapter 3 of Part 6 of the 2014 Regulations;

“partial retirement option under the PCSPS” means an option exercisable under—rule D.1A of Section I;rule 3.3b of Section II;rule E.4 of Section III.

Recalculation of early retirement pension under PCSPS

62F

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

(a) either—

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

(ii) M’s remediable service was mixed service,

(b) M exercised an early retirement option under the PCSPS during M’s period of remediable service, and

(2) The deferred choice decision-maker may make an election that the pensionable service in respect of which M exercised the early retirement option mentioned in paragraph (1)(b) be treated as if it included M’s remediable service up to and including the date on which that option was exercised.

(3) Except where the scheme manager is the eligible decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is—

(a) made by or on behalf of M,

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

(4) The scheme manager may by written notice require the person making the application under paragraph (3) to provide in relation to the application such information which—

(a) is within the person’s possession, or

(b) the person may reasonably be expected to obtain.

(5) As soon as reasonably practicable after receipt of an application made under paragraph (3), the scheme manager must—

(a) determine whether an election under paragraph (2) may be made in relation to M, and

(b) notify the person who made the application whether such an election may be made.

(6) Where the scheme manager is the person who may make an election under paragraph (2), the scheme manager must, as soon as is reasonably practicable, determine whether to make such an election in relation to M.

(7) The scheme manager may refuse an application made under paragraph (3) where the scheme manager is not satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service, have exercised an option under paragraph (2) in relation to M’s remediable service.

(8) An election under paragraph (2) by—

(a) a person other than the scheme manager is made when that person sends confirmation to the scheme manager that an election is to be made following receipt of the notification mentioned in paragraph (5);

(b) the scheme manager is made at the time determined by the scheme manager.

(9) Where an election under paragraph (2) is made, the scheme manager must adjust M’s subsequent early retirement pension payments under the PCSPS as if the pensionable service in respect of which M exercised an early retirement option under the PCSPS included M’s remediable service up to and including the date on which that option was exercised.

(10) In this regulation, “early retirement option” means an option to receive immediate payment of a reduced pension before reaching normal pension age.

Option for scheme manager to be eligible decision-maker

13

(1) A person (other than the scheme manager) determined as the eligible decision-maker in accordance with paragraph 2, 3, 5, or 6 may, subject to sub-paragraph (3), opt for the scheme manager to be the eligible decision-maker (“scheme manager option”).

(2) A scheme manager option may only be exercised by notice to the scheme manager in a form and manner determined by the scheme manager.

(3) Where a scheme manager option has been exercised, the scheme manager may determine, if the scheme manager considers it reasonable in all the circumstances, that the eligible decision-maker is the scheme manager.

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