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These Regulations—
(a) may be cited as the Armed Forces Pensions (Remediable Service) Regulations 2023;
(b) come into force on 1st October 2023;
(c) extend to England and Wales, Scotland and Northern Ireland.
The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 , the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (in this Part, collectively referred to as “ each instrument ”) are amended as follows.
(1) Schedule 1 (the Armed Forces Pension Scheme 1975) to each instrument is amended in accordance with this regulation.
(2) In rule A.1 (general), paragraph (3), insert in the appropriate places the following—
“ AFRS 2020 ” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020 ;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
(3) In rule A.11 (reckonable service), after paragraph (1) insert—
(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of this Scheme.
(4) In rule D.5 (amount of immediate pension: other officers), after paragraph (4) insert—
(4A) Where a remedy member extended the period for which the terms and conditions of their commission committed them to serve as a result of a relevant breach of a non-discrimination rule in relation to the service within the meaning of section 25(9) of PSPJOA 2022—
(a) paragraph (4) does not apply if the member ceases service at the end of the period for which their terms and conditions of service had required them to serve immediately before they entered into the extension, and
(b) the relevant table for the purposes of paragraph (2)(a) is that setting out rates of pension paid on compulsory retirement for officers.
(5) In rule H.1 (further pensionable service: general rule), at the end of paragraph (3), insert—
(c) paragraph 63 (abatement) in Schedule 4 (remediable service).
(6) Paragraph (4) has effect on and after 1st April 2015.
(1) Schedule 3 (transitional provision for the AFPS 1975) to each instrument is amended in accordance with this regulation.
(2) In paragraph 1 (interpretation), for the definition of transition date, substitute—.
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022, 1st April 2022;
in any other case, 1st April 2015;
(3) In paragraph 2 (meaning of continuity of service), sub-paragraph (2), for “T’s transition date” substitute “1st April 2015” .
(4) In paragraph 4 (full protection members of the AFPS 1975), sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).
Each instrument is amended by inserting, in each case, Schedule 4 (remediable service) contained in Schedule 1 to this instrument.
The Armed Forces Pension Scheme Order 2005 (“ the 2005 Order ”) is amended as follows.
After article 5 (closure of Scheme and transitional provision), insert—
Schedule 3: Remediable Service
(6) Schedule 3 (remediable service) makes provision in relation to remediable service.
(1) Schedule 1 (the Armed Forces Pension Scheme 2005) to the 2005 Order is amended in accordance with this regulation.
(2) In rule A.1 (interpretation: general), paragraph (4), insert in the appropriate places the following—
“ AFRS 2020 ” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
“ Scheme manager ” means the Secretary of State;
(3) In rule A.8 (reckonable service), after paragraph (3), insert—;
(4) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 11(1)(a) of Schedule 3 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of this Scheme.
(4) In rule E.21 (nominations for lump sum death benefits), after paragraph (3), insert—
(3A) This rule is subject to paragraph 62 of Schedule 3 (remediable service).
(5) In rule G.5 (procedure for exercising options)—
(a) in paragraph (1), after “current service”, insert “, subject to paragraph (3)” ;
(b) after paragraph (2), insert—
(3) Where—
(a) the member has remediable service, and
(b) the period of service of which the remediable service formed part ended before an immediate choice decision or a deferred choice decision within the meaning of Schedule 3 had been made in relation to the remediable service,
the option under rule G.3(2) or G.4(2) may be exercised when the immediate choice decision or a deferred choice decision is made, whether or not the member is an active member at the time the relevant decision is made.
(6) In rule H.1 (application of Part H), after paragraph (2), insert—
(3) This Part is subject to paragraph 61 of Schedule 3 (remediable service).
(1) Schedule 2 (transitional provision) to the 2005 Order is amended in accordance with this regulation.
(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(3) In paragraph 8 (members of the AFPS 2005 on 31st March 2015)—
(a) in sub-paragraph (2), omit paragraph (b) (together with “and” at the end of paragraph (a));
(b) in sub-paragraph (3), omit paragraph (c) (together with “and” at the end of paragraph (b)).
(4) In paragraph 9 (members of an existing Scheme or a public body pension Scheme), in sub-paragraph (1)—
(a) at the end of paragraph (c), insert “and” ;
(b) omit paragraph (e) (together with “and” at the end of paragraph (d)(ii)).
After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 2 to this instrument.
The Armed Forces Early Departure Payments Scheme Order 2005 (“ the EDP Order ”) is amended as follows.
In Article 2 (establishment of the Armed Forces Early Departure Payments Scheme), after paragraph (2), insert—
(3) The Schedule (remediable service) makes provision about remediable service.
In article 3 (general interpretation)—
(a) for the definition of “the AFPS 1975” substitute—
“ the AFPS 1975 ” means the occupational pension Scheme arrangements for members of the regular forces known as the Armed Forces Pension Scheme 1975 and set out in—
the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010;
the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010;
the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010;
(b) for the definition of “transition date” substitute—
“ transition date ”, in relation to a person with dual entitlement means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(c) insert in the appropriate places the following—
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
“ Scheme manager ” means the Secretary of State;
In article 3A (meaning of “ a person with dual entitlement ”), in sub-paragraph (d), for “1st April 2015” substitute “their transition date” .
The EDP Order is amended by inserting the Schedule (remediable service) contained in Schedule 3 to this instrument.
The Reserve Forces Pension Scheme Regulations 2005 (“ the 2005 Regulations ”) are amended as follows.
After regulation 3 (Closure of Scheme and transitional provision), insert—
Schedule 4: Remediable Service
(4) Schedule 4 (remediable service) makes provision about remediable service.
(1) Schedule 1 (The Reserve Forces Pension Scheme 2005) to the 2005 Regulations is amended in accordance with this regulation.
(2) In rule A.1 (interpretation: general), paragraph (4), insert in the appropriate places the following—
“ AFRS 2020 ” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
“ Scheme manager ” means the Secretary of State;
(3) In rule C.4 (reckonable service), insert—
(4) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of Schedules 1 and 3 to this Scheme.
(4) In rule E.21 (nominations for lump sum death benefits), after paragraph (3), insert—
(3A) This rule is subject to paragraph 56 of Schedule 4 (remediable service).
(5) In rule G.1 (application of Part G - Abatement), after paragraph (2), insert—
(3) This Part is subject to paragraph 55 of Schedule 4 (remediable service).
(1) Schedule 3 (transitional provision) to the 2005 Regulations is amended as follows.
(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(3) In paragraph 2 (meaning of “ continuity of service ”), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015” ;
(4) In paragraph 8 (members of the RFPS 2005 on 31st March 2015)—
(a) in sub-paragraph (2), omit paragraph (b) (together with “and” at the end of paragraph (a));
(b) in sub-paragraph (3), omit paragraph (c) (together with “and” at the end of paragraph (b)).
(5) In paragraph 9 (members of an existing Scheme or a public body pension Scheme), in sub-paragraph (1)—
(a) at the end of paragraph (c), insert “and” ;
(b) omit paragraph (e) (together with “and” at the end of paragraph (d)(ii)).
After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 4 to this instrument.
The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010 (“ the 2010 Regulations ”) are amended as follows.
After regulation 3 (transitional provision), insert—
Schedule 3: Remediable Service
(4) Schedule 3 (remediable service) makes provision about remediable service.
(1) Schedule 1 (the Full-Time Reserve Service Pension Scheme 1997) to the 2010 Regulations is amended in accordance with this regulation.
(2) In rule A.1 (interpretation: general), in paragraph (2)—
(a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 2 and 3;” ;
(b) insert in the appropriate places the following—
“ AFP Regulations 2014 ” means the Armed Forces Pension Regulations 2014;
“ AFPS 2015 ” means the pension Scheme established by the AFP Regulations 2014;
“ AFRS 2020 ” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
(3) In rule A.11 (reckonable service), after paragraph (1) insert—
(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 3 (Remediable Service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.
(4) In rule G.1 (further pensionable service: general rule), after sub-paragraph (3) insert—
(4) This rule is subject to paragraph 55 (abatement) in Schedule 3 (remediable service).
(1) Schedule 2 (transitional provision) is amended in accordance with this regulation.
(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—.
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(3) In paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015” .
(4) In paragraph 4 (full protection members of the FTRS 1997), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).
After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 5 to this instrument.
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011 (“ 2011 Regulations ”) are amended as follows.
After regulation 3A (transitional provision), insert—
Schedule 4: Remediable Service
(3B) Schedule 4 (remediable service) makes provision for remediable service.
(1) Schedule 1 (The Non Regular Permanent Staff Pension Scheme) to the 2011 Regulations is amended in accordance with this regulation.
(2) In rule A.1 (interpretation general), in sub-paragraph (2)—
(a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 3 and 4;” ;
(b) insert in the appropriate places the following—
“ AFP Regulations 2014 ” means the Armed Forces Pension Regulations 2014;
“ AFPS 2015 ” means the pension Scheme established by the AFP Regulations 2014;
“ AFRS 2020 ” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
(3) In rule A.2 (reckonable service), after paragraph (1) insert—
(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.
(1) Schedule 3 (transitional provision) to the 2011 Regulations is amended in accordance with this regulation.
(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(3) In paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015” .
(4) In paragraph 4 (full protection members of the NRPS 2011), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).
After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 6 to this instrument.
The Armed Forces Pension Scheme Regulations 2014 (“ the 2014 Regulations ”) are amended as follows.
In regulation 2 (establishment of Scheme)—
(a) the existing wording stands as paragraph (1);
(b) after paragraph (1) insert—
(2) The Schedule (remediable service) makes provision about remediable service.
(1) Regulation 3 (interpretation) of the 2014 Regulations is amended in accordance with this regulation.
(2) In paragraph (1)—
(a) for the definition of “transition date” substitute—
“ transition date ” in relation to a transition member means—
where the member has remediable service within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
in any other case, 1st April 2015;
(b) insert in the appropriate places the following—
“ AFRS 2020 ” means the Scheme established in the Armed Forces Redundancy Scheme Order 2020;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
(1) Regulation 16 (eligibility for active membership) of the 2014 Regulations is amended in accordance with this regulation.
(2) In regulation 16 (eligibility for active membership), after paragraph (3) insert—
(4) Where a remedy member—
(a) is in Scheme employment on or after 1st April 2022, and
(b) has made an election under section 5 of PSPJOA 2022 in relation to remediable service in a connected Scheme,
the member becomes an active member of this Scheme from their first day of service in Scheme employment on or after 1st April 2022.
The 2014 Regulations is amended by inserting the Schedule (remediable service) contained in Schedule 7 to this instrument.
The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010 (“ the RRGES Order ”) is amended as follows.
(1) Article 2 (interpretation) of the RRGES Order is amended in accordance with this regulation.
(2) In the definition of “the AFPS 1975”, for “Schedule 1” substitute “Schedules 1,3 and 4” .
(3) In the definition of “transition member” for “1st April 2015” in both places it appears, substitute “the member’s transition date” .
(4) insert in the appropriate places in the alphabetical order the following—
“ PSPJOA ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the AFPS 1975, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service in the AFPS 1975;
“ transition date ” in relation to a transition member means—
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022, 1st April 2022;
in any other case, 1st April 2015;
(1) Part 4 of the RRGES Order (the Armed Forces Resettlement Commutation Scheme) is amended in accordance with this regulation.
(2) In article 28 (application)—
(a) article 28 stands as paragraph (1);
(b) after paragraph (1) insert—
(2) This Part is subject to article 30A (remediable service).
(3) In article 29 (resettlement commutation), in paragraph (3) omit “Subject to paragraph (4)”.
(4) After article 30 (factors affecting the amount of commutable pension), insert—
Remediable Service
(30A)
(1) This article applies where a remedy member (“ M ”) has commuted part of their pension under this Part before 1st October 2023.
(2) Where M makes a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service) to the AFPS 1975—
(a) M is treated for the purposes of the AFRCS 2010 as a transition member with a transition date of 1st April 2015;
(b) in article 30(1A), for the purposes of calculating—
(i) “C”, AFPS 1975 service does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made;
(ii) “D”—
(aa) reckonable service in the AFPS 1975 does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made, and
(bb) pensionable service in the AFPS 2015 includes the period of remediable service in the AFPS 1975 in respect of which the decision was made.
The Armed Forces Redundancy Scheme Order 2020 (in this Part, “the AFRS 2020 Order”) is amended as follows.
(1) The Schedule to the AFRS 2020 Order is amended in accordance with this regulation.
(2) In paragraph 1 (general interpretation), insert in the appropriate places the following—
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ Chapter 1 legacy scheme ” means a legacy pension Scheme, within the meaning of Chapter 1 of PSPJOA 2022, for the armed forces and reserve forces under which service in the—
regular forces, or
reserve forces under sections 24 or 25 of the Reserve Forces Act 1996,
is pensionable;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Chapter 1 legacy scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
“ section 6 election ” means an election under section 6 of PSPJOA 2022 for Scheme benefits made—
under the rules of a Chapter 1 legacy scheme, and
by a remedy member.
(3) In paragraph 5 (meaning of “ redundancy qualifying service ”), after sub-paragraph (1), insert—
(1A) For the purposes of this Schedule, where a remedy member of a Chapter 1 legacy scheme makes a section 6 election under the rules of the relevant legacy pension Scheme, their remediable service in that Scheme—
(a) is treated as though it had been pensionable service in the AFPS 2015, and
(b) is not treated as if it had been pensionable service in the relevant Chapter 1 legacy pension Scheme.
(4) In paragraph 16 (interpretation of Part 3)—
(a) the existing wording stands as sub-paragraph (1);
(b) after sub-paragraph (1), insert—
(2) For the purposes of this Part, where a remedy member with remediable service under the AFPS 1975 makes a section 6 election under Schedule 4 (remediable service) to the AFPS 1975, their AFRS 2010 redundancy reckonable service does not include any period of remediable service which would otherwise have counted as such redundancy reckonable service.
(5) In paragraph 24 (interpretation of Part 4)—
(a) the existing wording stands as sub-paragraph (1)
(b) after sub-paragraph (1), insert—
(2) For the purposes of this Part, where a remedy member with remediable service under the AFPS 2005 makes a section 6 election under Schedule 3 (remediable service) to the AFPS 2005, their AFRS 2006 relevant service does not include any period of remediable service which would otherwise have counted as such relevant service.
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (“ the AFCS Order ”) is amended as follows.
(1) Article 2 (interpretation) of the AFCS Order is amended in accordance with this regulation.
(2) In paragraph (1), insert in the appropriate places the following—.
“ EDP 2005 Order ” means the Armed Forces Early Departure Payments Scheme Order 2005;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ remediable service ” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;
“ remedy member ” means a member with remediable service;
After Part 5 (adjustment and cessation of benefit), insert—
REMEDIABLE SERVICE
Application and interpretation
(42A)
(1) This Part applies where—
(a) as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“ M ”) remediable service changes, and
(b) article 39(5) applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.
(2) In this Part—
(a) an “ immediate choice decision ” means an irrevocable decision in relation to M’s remediable service under—
(i) paragraph 8 of Schedule 4 to the AFPS 1975;
(ii) paragraph 9 of Schedule 3 to the AFPS 2005;
(iii) paragraph 7 of the Schedule to the EDP Order 2005;
(b) a “ deferred choice decision ” means an irrevocable decision in relation to M’s remediable service under—
(i) paragraph 12 of Schedule 4 to the AFPS 1975;
(ii) paragraph 13 of Schedule 3 to the AFPS 2005;
(iii) paragraph 10 of the Schedule to the EDP Order 2005.
(c) A reference to a pension or payment has the same meaning as in article 39(1).
Adjustment and Reconciliation
(42B)
(1) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—
(a) the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and
(b) the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.
(2) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.
(3) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.
Recovery of Overpayments
(42C) Where an amount is owed to the Secretary of State under article 42B(2), that amount—
(a) is treated as a relevant amount for the purposes of section 26(1)(b) of PSPJOA 2022, and
(b) must, in the first instance, be offset against any arrears of pension or payment that may be owed to the relevant beneficiary under the provisions of Chapter 1 of Part 1 of PSPJOA 2022.
(1) Schedule 2 (modifications for Reserve Forces) is amended in accordance with this regulation.
(2) After paragraph 5 (modification of article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment or child’s payment to take account of other amounts), insert—
Remediable service: adjustment and reconciliation
(6)
(1) This paragraph applies where—
(a) as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“ M ”) remediable service changes, and
(b) the substituted article 39(6), contained in paragraph 5, applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.
(2) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—
(a) the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and
(b) the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.
(3) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.
(4) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.
(5) Where an amount is owed to the Secretary of State under sub-paragraph (3), that amount—
(a) is treated as a relevant amount within the meaning of section 26(1)(b) of PSPJOA 2022, and
(b) must, in the first instance, be offset against any arrears of pension or payment that may be owed to the relevant beneficiary under the provisions of Chapter 1 of Part 1 of PSPJOA 2022.
(6) In this paragraph—
(a) an “ immediate choice decision ” means an irrevocable decision in relation to M’s remediable service under—
(i) paragraph 8 of Schedule 4 to the RFPS 2005;
(ii) paragraph 9 of Schedule 3 to the FTRS 1997;
(iii) paragraph 9 of Schedule 4 to the NRPS 2011;
(b) a “ deferred choice decision ” means an irrevocable decision in relation to M’s remediable service under—
(i) paragraph 12 of Schedule 4 to the RFPS 2005;
(ii) paragraph 13 of Schedule 3 to the FTRS 1997;
(iii) paragraph 10 of Schedule 4 to the NRPS 2011;
(c) A reference to a pension or payment has the same meaning as in the modified article 39(1).
(1) In this Schedule—
“ AFPS 1975 ” means the occupational pension scheme established by Schedules 1 and 3 to this instrument and—
“AFPS 1975 benefits” mean benefits payable under Schedules 1 and 3;
“ AFPS 1975 service ”, in relation to a member, means the member’s remediable service that is pensionable service under the AFPS 1975 (whether or not by virtue of section 2(1) of PSPJOA 2022);
“ AFRS 2010 ” means the Armed Forces Redundancy Scheme 2010 established by Part 2 of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes)(No.2) Order 2010 ;
“ AFRS 2020 ” means the Armed Forces Redundancy Scheme 2020 established by the Schedule to the Armed Forces Redundancy Scheme Order 2020;
“ EDP 2015 Incapacity Scheme ” means the scheme established by Part 4 of the EDP Regulations 2014, and “ an EDP 2015 Incapacity award ” means new scheme benefits under that scheme;
“ EDP 2015 Scheme ” means the scheme established by Part 2 of the EDP Regulations 2014, and “ EDP 2015 benefits ” means new scheme benefits under that scheme;
“ PSP Directions 2022 ” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022 ;
“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;
“ armed forces pension scheme ” means any Chapter 1 scheme under which service in the regular forces or the reserve forces is pensionable;
“ Chapter 1 scheme ” has the meaning given in section 33(1) of PSPJOA 2022;
“ deferred choice decision ” has the meaning given in paragraph 12(1);
“ deferred choice decision-maker ” means the person who may make a deferred choice decision under paragraph 12(2);
“ end of the section 6 election period ”, in relation to an immediate choice member, has the meaning given in section 7(2) of PSPJOA 2022;
“ end of the section 10 election period ”, in relation to a deferred choice member, means the end of the day determined in accordance with—
where the member is the deferred choice decision-maker, paragraph 13(2)(b);
where a person other than the member is the deferred choice decision-maker, paragraph 14(2)(b);
“ immediate choice decision ” has the meaning given in paragraph 8(1);
“ immediate choice decision-maker ” means the person who may make an immediate choice decision under paragraph 8(2);
“ legacy scheme ”, in relation to a remedy member’s remediable service, means the AFPS 1975 and—
“ legacy scheme benefits ” means AFPS 1975 benefits;
“ legacy scheme service ”, in relation to a remedy member, means the member’s AFPS 1975 service;
“ member ” means an active, deferred, deceased or pensioner member of a pension scheme;
“ non-discrimination rule ” has the meaning given in section 25(8) of PSPJOA 2022, and references to a relevant breach of a non-discrimination rule are to be read in accordance with section 25(9) of that Act;
“ opted-out service election ” has the meaning given in paragraph 6(1);
“ reformed scheme ” means the AFPS 2015, and “ reformed scheme benefits ” means new scheme benefits under that scheme;
“ relevant amount ” has the meaning given in section 26(3) of PSPJOA 2022;
“ remediable service ”, in relation to a remedy member, means the member’s remediable service in an employment or office that is pensionable service under the Scheme (whether or not by virtue of section 2(1) of PSPJOA 2022);
“ remedy member ” means a member with remediable service;
“ Scheme manager ” means the Secretary of State;
“ section 6 election ” has the meaning given in paragraph 8(1)(a);
“ section 10 election ” has the meaning given in paragraph 12(1)(a).
(2) In this Schedule, a “ deferred choice member ” means a remedy member who—
(a) immediately before 1st October 2023 was not entitled to the present payment of a pension under this Scheme (whether or not that pension was abated) or the EDP 2015 Scheme, the amount of which was determined (to any extent) by reference to the member’s remediable service;
(b) on or after 1st October 2023, is an eligible person within the meaning of paragraph 7 of the Schedule to the AFRS 2020 in relation to that service.
(3) In this Schedule, an “ immediate choice member ” means a remedy member who, immediately before 1st October 2023, was—
(a) entitled to the present payment of a pension under this Scheme (whether or not that pension was abated) or the EDP 2015 Scheme, the amount of which was determined by reference (to any extent) to the member’s remediable service;
(b) a deceased member;
(c) an eligible person within the meaning of article 9 of the AFRS 2010 or paragraph 7 of the Schedule to the AFRS 2020 in relation to their remediable service.
(4) A deferred choice member is a relevant member of the Scheme for the purposes of section 10 of PSPJOA 2022.
(5) An immediate choice member is a relevant member of the Scheme for the purposes of section 6 of PSPJOA 2022.
(1) For the purposes of this Schedule, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of the armed forces pension schemes.
(2) A term used in this Schedule which—
(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and
(b) is not defined differently in this Schedule,
has the meaning given in, or for the purposes of, that provision.
(3) A term used in this Schedule which—
(a) is defined in Schedules 1 or 3 to this instrument, the AFP Regulations 2014 or the EDP Regulations 2014 (“the relevant schemes”), and
(b) is not defined differently—
(i) in this Schedule, or
(ii) in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,
has, in relation to the relevant schemes, the meaning given in those schemes.
(4) In this Schedule, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.
For the purposes of this Scheme, section 14 of PSPJOA 2022 applies as if—
(a) in section 14(2) the words “immediately before the coming into force of section 2(1)” were omitted;
(b) in section 14(7)(b) the words “or section 10” were inserted after “section 6”.
(1) The Scheme manager must provide a remediable service statement in respect of a remedy member (“ M ”) in accordance with—
(a) section 29 of PSPJOA 2022,
(b) any Treasury directions made under section 29(6) of that Act, and
(c) this paragraph.
(2) The Scheme manager must provide a remediable service statement in respect of M—
(a) before the relevant date ,
(b) where M is, in relation to their remediable service, for the time being—
(i) an active member, at least once in each year ending with the anniversary of the relevant date;
(ii) a deferred member, within three months of receipt of a written request by the member , where such request is received after the relevant date;
(c) where M is a deferred choice member, as soon as is reasonably practicable following receipt of notification—
(i) that M intends to claim benefits in relation to their remediable service, or
(ii) that M has died.
(3) Where—
(a) a remediable service statement has been provided to M under sub-paragraph (2)(a), and
(b) M dies before the end of the section 6 election period before making a decision under paragraph 8(1),
the Scheme manager must provide a remediable service statement in respect of M as soon as reasonably practicable and, for the purposes of section 7(2)(a) of PSPJOA, the remediable service statement provided to M under sub-paragraph (2)(a) is treated as though it had never been provided.
(4) The remediable service statement must be provided—
(a) to M, or
(b) where M is deceased, to the person who is for the time being the eligible decision-maker in relation to M’s remediable service under Part 10 (unless the eligible decision-maker is the Scheme manager).
(5) The remediable service statement must include—
(a) where the Scheme manager has determined that any information to be provided in connection with M’s remediable service must be communicated in a particular form and manner, information about that form and manner;
(b) where M is an immediate choice member, information about the irrevocability of an immediate choice decision;
(c) where M is a deferred choice member, information about the revocability (or otherwise) of a deferred choice decision.
(6) For further provision about—
(a) what a remediable service statement must include, see—
(i) section 29(5) of PSPJOA 2022;
(ii) direction 20(1) of the PSP Directions 2022;
(b) when a remediable service statement must be combined with a benefit information statement provided under section 14 of the Public Service Pensions Act 2013, see direction 20(2) of the PSP Directions 2022.
(1) This Chapter applies to and in respect of a member (“ M ”) with opted-out service in an employment or office in relation to the legacy scheme .
(2) In this Chapter—
“ opted-out service decision-maker ” means the person who may make an opted-out service election in accordance with paragraph 6(2);
“ relevant opted-out service ” means the service referred to in sub-paragraph (1).
(1) An election (an “opted-out service election”) may be made in relation to M’s relevant opted-out service in accordance with this Part and section 5 of PSPJOA 2022.
(2) An opted-out service election may be made—
(a) by M, or
(b) where M is deceased, by the eligible decision-maker specified in Part 10.
(3) Where a person other than the Scheme manager is the opted-out service decision-maker, an opted-out service election may only be made after the Scheme manager determines an application which is—
(a) made by or behalf of M,
(b) in a form and manner determined by the Scheme manager,
(c) received by the Scheme manager within twelve months of the date on which the Scheme manager notified M of their right to make the application, and
(d) accompanied by such information—
(i) which is within the person’s possession, or
(ii) which the person may reasonably be expected to obtain,
that the Scheme manager may by written notice require the person to provide in relation to the decision which caused the service in question to become opted-out service.
(4) As soon as is reasonably practicable after receipt of an application, the Scheme manager must—
(a) determine whether an opted-out service election may be made in relation to M, and
(b) notify the person who made the application whether such an opted-out service election may be made.
(5) Where the Scheme manager is the opted-out service decision-maker, the Scheme manager must, as soon as is reasonably practicable after determining that they are the opted-out service decision-maker, determine whether to make an opted-out service election in relation to M.
(6) The Scheme manager must refuse an application where the decision by virtue of which M’s service became opted-out service was not made pursuant to a relevant breach of a non-discrimination rule .
(7) An opted-out service election to be made by—
(a) a person other than the Scheme manager is made when the person confirms that an opted-out service election is to be made following receipt of the notification mentioned in sub-paragraph (4)(b);
(b) the Scheme manager is made at the time determined by the Scheme manager.
(8) See section 5(2) to (4) of PSPJOA 2022 about the effect, timing and irrevocability of an opted-out service election.
The Armed Forces Pensions (Remediable Service) Regulations 2023 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2023-998
Contains public sector information licensed under the Open Government Licence v3.0.
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