The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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Change 1
39 Transfers in before 1st October 2023
(1) Except where paragraph (1A) applies, this regulation applies in relation to each payment of a remediable transfer value in respect of a member (“M”) which was accepted by the scheme manager before 1st October 2023. (1A) This paragraph applies where— (a) the sending scheme was not a local government scheme within the meaning of section 86(1) PSPJOA 2022, and (b) the payment was accepted in circumstances in which any of the following applied— (i) Rule F.13 of Section I, (ii) Rule 6.35 or 6.35za of, or paragraph 19 of Appendix 11 to, Section II, to the extent that each concerns persons being transferred to a new employer without their consent, (iii) Rule G.13 of Section III, or (iv) regulation 156(1) or (2) of the 2014 Regulations (bulk transfers in). (2) The scheme manager, having consulted the scheme actuary, must determine M’s remediable benefits if the transfer value, together with any payment accepted under paragraph (3), were applied in respect of rights secured in— (a) the PCSPS, and separately (b) alpha. (3) Where the sending scheme was a reformed public service pension scheme, the scheme manager may accept a payment— (a) in respect of the remediable rights to which the remediable transfer value relates, and (b) which is made by the sending scheme pursuant to, or to provision made under, PSPJOA 2022. (4) A payment accepted under paragraph (3) is to be used for the purpose of determining M’s benefits under a civil service scheme on the same terms as the remediable transfer value.
39 Transfers in before 1st October 2023
(1) Except where paragraph (1A) applies, this regulation applies in relation to each payment of a remediable transfer value in respect of a member (“M”) which was accepted by the scheme manager before 1st October 2023. (1A) This paragraph applies where— (a) the sending scheme was not a local government scheme within the meaning of section 86(1) PSPJOA 2022, and (b) the payment was accepted in circumstances in which any of the following applied— (i) Rule F.13 of Section I, (ii) Rule 6.35 or 6.35za of, or paragraph 19 of Appendix 11 to, Section II, to the extent that each concerns persons being transferred to a new employer without their consent, (iii) Rule G.13 of Section III, or (iv) regulation 156(1) or (2) of the 2014 Regulations (bulk transfers in). (2) The scheme manager, having consulted the scheme actuary, must determine M’s remediable benefits if the transfer value, together with any payment accepted under paragraph (3), were applied in respect of rights secured in— (a) the PCSPS, and separately (b) alpha. (3) Where the sending scheme was a reformed public service pension scheme, the scheme manager may accept a payment— (a) in respect of the remediable rights to which the remediable transfer value relates, and (b) which is made by the sending scheme pursuant to, or to provision made under, PSPJOA 2022. (4) A payment accepted under paragraph (3) is to be used for the purpose of determining M’s benefits under a civil service scheme on the same terms as the remediable transfer value.
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