The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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Change 1
32 Treatment of added pension rights under alpha
(1) Where M’s remediable added pension rights would, apart from this regulation, be rights to benefits under alpha, the rights— (a) are not, and are treated as never having been, rights to benefits under alpha, and (b) are treated as being, and as always having been, rights to benefits under the PCSPS. (2) Paragraph (1) has effect for the purpose of determining which civil service scheme is (or at any time was) required to pay benefits to or in respect of M’s remediable added pension rights. (3) Paragraph (4) applies where— (a) section 2(1) of PSPJOA 2022 has effect in relation to the remediable service of an immediate choice member (“M”), (b) M secured rights to alpha added pension (within the meaning of regulation 26) by virtue of— (i) an arrangement under which M paid a lump sum voluntary contribution during the period of M’s remediable service, or (ii) a periodic arrangement which commenced during the period of M’s remediable service, and (c) immediately before 1st October 2023, M was a pensioner member in relation to alpha. (4) Where this paragraph applies— (a) the rights to alpha added pension mentioned in paragraph (3)(b) are to be treated for the purposes of these Regulations and of PSPJOA 2022 as if those rights were secured by virtue of M’s remediable service, and (b) section 2(5)(a) of PSPJOA 2022 does not apply in relation to the arrangement by virtue of which M secured the rights to alpha added pension (and, accordingly, section 2(1) of PSPJOA 2022 affects that arrangement).
32 Treatment of added pension rights under alpha
(1) Where M’s remediable added pension rights would, apart from this regulation, be rights to benefits under alpha, the rights— (a) are not, and are treated as never having been, rights to benefits under alpha, and (b) are treated as being, and as always having been, rights to benefits under the PCSPS. (2) Paragraph (1) has effect for the purpose of determining which civil service scheme is (or at any time was) required to pay benefits to or in respect of M’s remediable added pension rights. (3) Paragraph (4) applies where— (a) section 2(1) of PSPJOA 2022 has effect in relation to the remediable service of an immediate choice member (“M”), (b) M secured rights to alpha added pension (within the meaning of regulation 26) by virtue of— (i) an arrangement under which M paid a lump sum voluntary contribution during the period of M’s remediable service, or (ii) a periodic arrangement which commenced during the period of M’s remediable service, and (c) immediately before 1st October 2023, M was a pensioner member in relation to alpha. (4) Where this paragraph applies— (a) the rights to alpha added pension mentioned in paragraph (3)(b) are to be treated for the purposes of these Regulations and of PSPJOA 2022 as if those rights were secured by virtue of M’s remediable service, and (b) section 2(5)(a) of PSPJOA 2022 does not apply in relation to the arrangement by virtue of which M secured the rights to alpha added pension (and, accordingly, section 2(1) of PSPJOA 2022 affects that arrangement).
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