The National Health Service Pension Schemes (Remediable Service) Regulations 2023
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Change 1
24 Revocation of cancellation of arrangement or option to secure legacy scheme additional service or additional pension
(1) This regulation applies to a remedy member (“M”) who has cancelled— (a) an arrangement to pay for additional years of service by regular additional contributions under 1995 regulation Q6; (b) an option to purchase additional pension by the making of additional periodical contributions under 1995 regulation Q8; or (c) an option to purchase additional pension by the making of additional periodical contributions under 2008 regulation 2.C.8 or 2008 regulation 3.C.6. (2) M may revoke the cancellation of an arrangement or option referred to in paragraph (1) with the effect that it is treated as if it had never been cancelled. (3) The revocation referred to in paragraph (2) may only be made— (a) if the scheme manager is satisfied that it is more likely than not that, but for an actual or anticipated relevant breach of a non-discrimination rule, M would not have made the decision to cancel the arrangement or option (whether or not by virtue of opting out of the legacy scheme or the 2015 scheme); (b) before— (i) the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or (ii) such later time as the scheme manager considers reasonable in all the circumstances of the case; and (c) after making an application in accordance with paragraph (5). (4) The scheme manager must determine that the condition in respect of which the scheme manager is required to be satisfied under paragraph (3)(a) has been met where M cancelled an arrangement or option referred to in paragraph (1) at any time between 1st October 2014 and 31st March 2022 (those dates included). (5) An application is made in accordance with this paragraph where— (a) it is in writing and in such form as the scheme manager determines; (b) it is accompanied by any information the scheme manager reasonably requires to be provided for the purpose of determining the matters mentioned in paragraph (3)(a); (c) it is received by the scheme manager before— (i) the end of the period of six months beginning with the day on which a remediable service statement is first provided in respect of M, or (ii) such later time as the scheme manager considers reasonable in all the circumstances of the case. (6) Where M revokes the cancellation of an arrangement or option referred to in paragraph (1), M must pay to the legacy scheme an amount equal to— (a) the outstanding balance of voluntary contributions owed plus interest in accordance with regulation 64, less (b) amounts representing tax relief calculated in accordance with direction 12(2) to (7) of the 2022 Directions, as if the arrangement or option were a new remedial voluntary contributions arrangement made by virtue of section 25(1) of PSPJOA 2022. (7) Where the scheme manager makes a determination in accordance with paragraph (6) of direction 12 of the 2022 Directions (remedial arrangements to pay voluntary contributions to legacy schemes), paragraphs (8) (provision of explanation) and (9) and (10) (appeals) of that direction apply. (8) In this regulation, “1995 regulation Q6” means regulation Q6 of the 1995 Regulations (paying for additional service or unreduced retirement lump sum by regular additional contributions).
24 Revocation of cancellation of arrangement or option to secure legacy scheme additional service or additional pension
(1) This regulation applies to a remedy member (“M”) who has cancelled— (a) an arrangement to pay for additional years of service by regular additional contributions under 1995 regulation Q6; (b) an option to purchase additional pension by the making of additional periodical contributions under 1995 regulation Q8; or (c) an option to purchase additional pension by the making of additional periodical contributions under 2008 regulation 2.C.8 or 2008 regulation 3.C.6. (2) M may revoke the cancellation of an arrangement or option referred to in paragraph (1) with the effect that it is treated as if it had never been cancelled. (3) The revocation referred to in paragraph (2) may only be made— (a) if the scheme manager is satisfied that it is more likely than not that, but for an actual or anticipated relevant breach of a non-discrimination rule, M would not have made the decision to cancel the arrangement or option (whether or not by virtue of opting out of the legacy scheme or the 2015 scheme); (b) before— (i) the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or (ii) such later time as the scheme manager considers reasonable in all the circumstances of the case; and (c) after making an application in accordance with paragraph (5). (4) The scheme manager must determine that the condition in respect of which the scheme manager is required to be satisfied under paragraph (3)(a) has been met where M cancelled an arrangement or option referred to in paragraph (1) at any time between 1st October 2014 and 31st March 2022 (those dates included). (5) An application is made in accordance with this paragraph where— (a) it is in writing and in such form as the scheme manager determines; (b) it is accompanied by any information the scheme manager reasonably requires to be provided for the purpose of determining the matters mentioned in paragraph (3)(a); (c) it is received by the scheme manager before— (i) the end of the period of six months beginning with the day on which a remediable service statement is first provided in respect of M, or (ii) such later time as the scheme manager considers reasonable in all the circumstances of the case. (6) Where M revokes the cancellation of an arrangement or option referred to in paragraph (1), M must pay to the legacy scheme an amount equal to— (a) the outstanding balance of voluntary contributions owed plus interest in accordance with regulation 64, less (b) amounts representing tax relief calculated in accordance with direction 12(2) to (7) of the 2022 Directions, as if the arrangement or option were a new remedial voluntary contributions arrangement made by virtue of section 25(1) of PSPJOA 2022. (7) Where the scheme manager makes a determination in accordance with paragraph (6) of direction 12 of the 2022 Directions (remedial arrangements to pay voluntary contributions to legacy schemes), paragraphs (8) (provision of explanation) and (9) and (10) (appeals) of that direction apply. (8) In this regulation, “1995 regulation Q6” means regulation Q6 of the 1995 Regulations (paying for additional service or unreduced retirement lump sum by regular additional contributions).
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