The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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Change 1
62B Opt-out period election
(1) This regulation applies in relation to a member (“M”) where— (a) all of M’s remediable service was in alpha, or (b) M’s remediable service was mixed service. (2) The relevant decision-maker may make an election that, for such period of M’s remediable service as the relevant decision-maker specifies (“the opt-out period”), M’s service be treated as not having been pensionable service under a civil service scheme. (3) Except where the scheme manager is the relevant decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is— (a) made by or on behalf of M, (b) in a form and manner determined by the scheme manager, and (c) received by the scheme manager during a period determined by the scheme manager. (4) The scheme manager may by written notice require a person who has made an application under paragraph (3) to provide in relation to the application such information that— (a) is within the person’s possession, or (b) the person may reasonably be expected to obtain. (5) As soon as reasonably practicable after receipt of an application under paragraph (3), the scheme manager must— (a) determine whether an election under paragraph (2) may be made in relation to M, and (b) notify the person who made the application whether such an election may be made. (6) Where the scheme manager is the relevant decision maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the relevant decision-maker, determine whether to make such an election in relation to M. (7) The scheme manager may refuse an application under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have opted out of pensionable service for the opt-out period or an equivalent period. (8) An election under paragraph (2) is made by— (a) a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5); (b) the scheme manager at the time determined by the scheme manager. (9) Where an election under paragraph (2) is made, the scheme manager must— (a) treat M as having opted that M’s service during the opt-out period should not be pensionable service under a civil service scheme, and (b) pay to M or, where M is deceased, M’s personal representatives an amount of compensation equal to the amount of pension contributions M paid during the opt-out period. (10) In this regulation, “relevant decision-maker” means, where M is— (a) an immediate choice member, the immediate choice decision-maker; (b) a deferred choice member, the deferred choice decision-maker.
62B Opt-out period election
(1) This regulation applies in relation to a member (“M”) where— (a) all of M’s remediable service was in alpha, or (b) M’s remediable service was mixed service. (2) The relevant decision-maker may make an election that, for such period of M’s remediable service as the relevant decision-maker specifies (“the opt-out period”), M’s service be treated as not having been pensionable service under a civil service scheme. (3) Except where the scheme manager is the relevant decision-maker, an election under paragraph (2) may only be made after the scheme manager has determined an application which is— (a) made by or on behalf of M, (b) in a form and manner determined by the scheme manager, and (c) received by the scheme manager during a period determined by the scheme manager. (4) The scheme manager may by written notice require a person who has made an application under paragraph (3) to provide in relation to the application such information that— (a) is within the person’s possession, or (b) the person may reasonably be expected to obtain. (5) As soon as reasonably practicable after receipt of an application under paragraph (3), the scheme manager must— (a) determine whether an election under paragraph (2) may be made in relation to M, and (b) notify the person who made the application whether such an election may be made. (6) Where the scheme manager is the relevant decision maker, the scheme manager must, as soon as is reasonably practicable after determining that they are the relevant decision-maker, determine whether to make such an election in relation to M. (7) The scheme manager may refuse an application under paragraph (3) where the scheme manager is not satisfied that, but for a relevant breach of a non-discrimination rule, M would more likely than not have opted out of pensionable service for the opt-out period or an equivalent period. (8) An election under paragraph (2) is made by— (a) a person other than the scheme manager when that person sends confirmation to the scheme manager that such an election is to be made following receipt of the notification mentioned in paragraph (5); (b) the scheme manager at the time determined by the scheme manager. (9) Where an election under paragraph (2) is made, the scheme manager must— (a) treat M as having opted that M’s service during the opt-out period should not be pensionable service under a civil service scheme, and (b) pay to M or, where M is deceased, M’s personal representatives an amount of compensation equal to the amount of pension contributions M paid during the opt-out period. (10) In this regulation, “relevant decision-maker” means, where M is— (a) an immediate choice member, the immediate choice decision-maker; (b) a deferred choice member, the deferred choice decision-maker.
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