The Civil Service (Other Crown Servants) Pension Scheme (Amendment) Regulations 2019

• Citation: S.I. 2019/906
• Sections: 7

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Civil Service (Other Crown Servants) Pension Scheme (Amendment) Regulations 2019.

(2) These Regulations come into force on 23rd May 2019 and have effect—

(a) in respect of regulation 6, retrospectively from 1st April 2016;

(b) in respect of regulation 7(c), retrospectively from 1st April 2019;

(c) in all other respects from 23rd May 2019.

Section 2 Amendments to the Civil Service (Other Crown Servants) Pension Scheme Regulations 2016

The Civil Service (Other Crown Servants) Pension Scheme Regulations 2016 are amended as follows.

Section 3 Amendment of regulation 2

In regulation 2 (interpretation), at the appropriate places insert—

“ GCHQ eligible person” means a person who meets the conditions of eligibility set out in regulation 2A;

“protected function” means one of the functions or services specified by the Minister on a protected transfer;

“protected transfer” means a transfer of employment from one of the agencies to Government Communications Headquarters designated as such by the Minister;

“protected transfer date” means the date on which a protected transfer takes place;

Section 4 New regulation 2A

In Part 2, after regulation 2, insert—

Conditions of eligibility for a GCHQ eligible person

(2A)

(1) A person (P) meets the conditions of eligibility if—

(a) P was an active member of this scheme on the protected transfer date;

(b) P continues to be an active member of this scheme after the protected transfer date; and

(c) since the protected transfer date P has been continuously employed by Government Communications Headquarters to carry out a protected function.

(2) For the purpose of paragraph 1(c), P has not been continuously employed where P has had a gap in service of any period.

(3) A person who ceases to meet the conditions of eligibility ceases to be a GCHQ eligible person on the date that the person ceases to meet those conditions.

Section 5 Amendment of regulation 3

For regulation 3 (establishment of scheme and eligibility), substitute—

(3) A scheme is established for the payment of pensions and other benefits to civil servants who are—

(a) employed by the agencies; or

(b) GCHQ eligible persons.

Section 6 Amendment of regulation 9

In regulation 9(1)(a) (scheme to be by analogy to PSCOPS), for “12” substitute “2 to 2C”.

Section 7 Amendment of regulation 10

In regulation 10 (modifications to the 2014 regulations insofar as they apply in relation to this scheme)—

(a) in paragraph (2)(f), after “references to” insert “Government Communications Headquarters,”;

(b) for paragraph 5, substitute—

(5) For regulation 13(1)(a) there were substituted—

(a) permanent or fixed term employment as a civil servant by the Secret Intelligence Service or the Security Service; and

(aa) permanent or fixed term employment as a civil servant by Government Communications Headquarters held by a GCHQ eligible person, where the scheme relates to that person by virtue of that employment.

(c) in paragraph 12(d), in the heading to the table, after “31st March 2019” insert “and Scheme Year 1st April 2019 to 31st March 2020”.