PART 1Public service pension schemes

C35C34C33C32C31C36C37C38C39CHAPTER 1Schemes other than judicial schemes and local government schemes

Annotations:
Modifications etc. (not altering text)

Retrospective provision about remediable service

I1I2C8C5C35C2C34C33C6C4C3C32C31C7C92C35C34C33C32C31Remediable service treated as pensionable under Chapter 1 legacy schemes

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A person’s remediable service in an employment or office that would, apart from this subsection, be pensionable service under a Chapter 1 new scheme—

a

is not, and is treated as never having been, pensionable service under that scheme, and

b

is treated as being, and as always having been, pensionable service under the relevant Chapter 1 legacy scheme.

For the meaning of “the relevant Chapter 1 legacy scheme”, see section 4.

2

Where a person has remediable service in multiple employments or offices, subsection (1) applies separately in relation to the person’s remediable service in each of them.

3

Subsection (1) has effect—

a

for the purposes of determining which Chapter 1 scheme is (or at any time was) required to pay benefits to or in respect of a member,

b

for the purposes of determining the amount of any benefits that are (or at any time were) payable under a Chapter 1 scheme to or in respect of a member, and

c

subject to subsection (4), and to any other provision of this Chapter to the contrary, for all other purposes.

4

Subsection (1) does not have effect for the purposes of determining the existence or amount of any liability that any member of a Chapter 1 scheme, or any employer in relation to such a scheme, has (or at any time had) to pay pension contributions in respect of a person’s remediable service.

5

Subsection (1) does not affect—

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any arrangements under a Chapter 1 scheme under which a member pays contributions to the scheme on a voluntary basis so as to secure additional benefits, or the earlier payment of benefits, under the scheme, or

b

any rights under a Chapter 1 scheme in respect of a transfer in to the scheme of an amount in respect of rights accrued under another pension scheme.

6

For provision disapplying subsection (3)(b), or affecting the time at which that provision applies, in relation to pensioner and deceased members, see section 6 (immediate choice to receive new scheme benefits).

7

For further provision under which benefits determined by reference to a member’s remediable service may be new scheme benefits, see section 10 (deferred choice to receive new scheme benefits).