The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
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Change 1
69 Reduction of liabilities in relation to pension contributions
(1) This regulation applies where— (a) a person owes a liability to pay pension contributions in relation to the remediable service of a remedy member, or (b) the scheme manager owes a liability to pay compensation in relation to such service, under section 15, 16 or 17 of PSPJOA 2022. (2) The scheme manager must reduce the liability by tax relief amounts— (a) determined in accordance with direction 4(5) to (9) of the PSP Directions 2022, and (b) before the liability is netted off in accordance with regulation 68. (2A) Where the aggregate sum of the tax relief amounts as calculated under direction 4(6) of the PSP Directions 2022 is negative in relation to a relevant member who is an active member of the scheme, a reduction may be made at the discretion of the scheme manager in accordance with direction 4(7)(b)(ii) of those Directions. (3) The following provisions of the PSP Directions 2022 apply where the scheme manager makes a determination under direction 4(8)— (a) direction 4(10) (provision of explanation); (b) direction 4(11) and (12) (appeals). (4) Paragraphs (5) and (6) apply where assets (“the transferred assets”) held for the purposes of a partnership pension account have been transferred to the PCSPS in relation to the PCSPS opted-out service of a remedy member (“M”) in accordance with the condition mentioned in regulation 6(6)(c)(i). (5) The scheme manager— (a) must reduce a liability mentioned in paragraph (1)(a) owed in relation to M’s remediable service by an amount equal to the value of the transferred assets which was, immediately before the transfer, referable to employee pension contributions made by or on behalf of M in respect of M’s PCSPS opted-out service; (b) must not reduce such a liability by reference to the value of the transferred assets which was, immediately before the transfer, referable to any other source. (6) Where the value of the transferred assets mentioned in paragraph (5)(a) is greater than the liability mentioned in paragraph (1)(a), the scheme manager owes M or, where M is deceased, M’s personal representatives an amount equal to the difference. (7) In this regulation, “PCSPS opted-out service” has the meaning given in regulation 5(2).
69 Reduction of liabilities in relation to pension contributions
(1) This regulation applies where— (a) a person owes a liability to pay pension contributions in relation to the remediable service of a remedy member, or (b) the scheme manager owes a liability to pay compensation in relation to such service, under section 15, 16 or 17 of PSPJOA 2022. (2) The scheme manager must reduce the liability by tax relief amounts— (a) determined in accordance with direction 4(5) to (9) of the PSP Directions 2022, and (b) before the liability is netted off in accordance with regulation 68. (2A) Where the aggregate sum of the tax relief amounts as calculated under direction 4(6) of the PSP Directions 2022 is negative in relation to a relevant member who is an active member of the scheme, a reduction may be made at the discretion of the scheme manager in accordance with direction 4(7)(b)(ii) of those Directions. (3) The following provisions of the PSP Directions 2022 apply where the scheme manager makes a determination under direction 4(8)— (a) direction 4(10) (provision of explanation); (b) direction 4(11) and (12) (appeals). (4) Paragraphs (5) and (6) apply where assets (“the transferred assets”) held for the purposes of a partnership pension account have been transferred to the PCSPS in relation to the PCSPS opted-out service of a remedy member (“M”) in accordance with the condition mentioned in regulation 6(6)(c)(i). (5) The scheme manager— (a) must reduce a liability mentioned in paragraph (1)(a) owed in relation to M’s remediable service by an amount equal to the value of the transferred assets which was, immediately before the transfer, referable to employee pension contributions made by or on behalf of M in respect of M’s PCSPS opted-out service; (b) must not reduce such a liability by reference to the value of the transferred assets which was, immediately before the transfer, referable to any other source. (6) Where the value of the transferred assets mentioned in paragraph (5)(a) is greater than the liability mentioned in paragraph (1)(a), the scheme manager owes M or, where M is deceased, M’s personal representatives an amount equal to the difference. (7) In this regulation, “PCSPS opted-out service” has the meaning given in regulation 5(2).
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