The National Health Service Pension Schemes (Remediable Service) Regulations 2023
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Change 1
67 Payments of amounts owed to the scheme
(1) This regulation applies where a person (“P”) owes a net liability to the legacy scheme after taking into account regulation 66. (2) The scheme manager must send a notice in writing to P that the net liability must be paid. (3) P must pay the amount of the net liability to the scheme manager— (a) on or before a date determined by the scheme manager as being reasonable after having regard to all the circumstances of the case, or (b) in accordance with an agreement under paragraph (4). (4) P and the scheme manager may agree that the net liability is paid in part or in full— (a) by instalments; (b) by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under the legacy scheme or the 2015 scheme; or (c) by a combination of (a) and (b). (5) But where the net liability includes amounts owed as a consequence of an election under regulation 8(1) (election for retrospective provision to apply to opted-out service) and P is not a pensioner member, the scheme manager may not agree that the net liability is paid in part or in full in accordance with paragraph (4)(b) or (c). (6) P and the scheme manager may agree to vary an agreement made in accordance with paragraph (4). (7) Where P does not pay the amount that P is required to pay under paragraph (3), the scheme manager may, after providing notice in writing to P of such a period as the scheme manager considers reasonable in all the circumstances of the case, deduct such sums from benefits payable to P from the legacy scheme or the 2015 scheme as the scheme manager considers reasonable for the purpose of discharging P’s liability.
67 Payments of amounts owed to the scheme
(1) This regulation applies where a person (“P”) owes a net liability to the legacy scheme after taking into account regulation 66. (2) The scheme manager must send a notice in writing to P that the net liability must be paid. (3) P must pay the amount of the net liability to the scheme manager— (a) on or before a date determined by the scheme manager as being reasonable after having regard to all the circumstances of the case, or (b) in accordance with an agreement under paragraph (4). (4) P and the scheme manager may agree that the net liability is paid in part or in full— (a) by instalments; (b) by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under the legacy scheme or the 2015 scheme; or (c) by a combination of (a) and (b). (5) But where the net liability includes amounts owed as a consequence of an election under regulation 8(1) (election for retrospective provision to apply to opted-out service) and P is not a pensioner member, the scheme manager may not agree that the net liability is paid in part or in full in accordance with paragraph (4)(b) or (c). (6) P and the scheme manager may agree to vary an agreement made in accordance with paragraph (4). (7) Where P does not pay the amount that P is required to pay under paragraph (3), the scheme manager may, after providing notice in writing to P of such a period as the scheme manager considers reasonable in all the circumstances of the case, deduct such sums from benefits payable to P from the legacy scheme or the 2015 scheme as the scheme manager considers reasonable for the purpose of discharging P’s liability.
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