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The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

United Kingdom · regulation

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In force since 2025-11-17, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 83 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Interpretation
  4. 3 Delegation
  5. 4 Requirements relating to remediable service statements
  6. 4A Voidable remediable service statements
  7. 5 Application and interpretation of Chapter 1
  8. 6 Election in relation to PCSPS opted-out service
  9. 7 Application of Chapter 2
  10. 8 Immediate choice decision for alpha or PCSPS benefits: general
  11. 9 Immediate choice decision: additional requirements
  12. 10 Immediate choice decision: deemed section 6 election
  13. 11 Application of Chapter 3
  14. 12 Deferred choice decision for alpha or PCSPS benefits: general
  15. 13 Deferred choice decision: when a deferred choice decision may be made
  16. 14 Deferred choice decision: revocation
  17. 15 Deferred choice decision: additional requirements
  18. 16 Application and interpretation of Chapter 1
  19. 17 Application and interpretation of Section 2
  20. 18 Meaning of “alternative amount”
  21. 19 Information provided before 1st October 2023: calculating a remediable credit adjustment
  22. 20 Information provided before 1st October 2023: applying a remediable credit adjustment
  23. 21 Information provided before 1st October 2023: recalculating D’s reduction of benefit
  24. 22 Application and interpretation of Section 3
  25. 23 Information provided on or after 1st October 2023: calculation of pension credits and debits
  26. 24 Information provided on or after 1st October 2023: recalculating D’s reduction of benefit
  27. 25 Arrangements other than a pension sharing order: calculating the value of pension benefits
  28. 26 Interpretation of Chapter 1
  29. 27 Lump sum purchase of added pension
  30. 28 Periodic arrangements for alpha added pension
  31. 29 PCSPS added pension: treatment on a section 6 or 10 election
  32. 30 Treatment of EPA and EEPA rights
  33. 31 Application and interpretation of Chapter 3
  34. 32 Treatment of added pension rights under alpha
  35. 33 Benefits already paid in relation to added pension rights
  36. 34 Pension benefits and lump sum benefits in relation to remediable additional rights
  37. 35 Remedial arrangements to pay voluntary contributions to secure EPA or EEPA rights
  38. 36 Interpretation of Part 6
  39. 37 Transferred out remediable service statements
  40. 38 Transfers out before 1st October 2023
  41. 39 Transfers in before 1st October 2023
  42. 40 Application of Section 2
  43. 41 Transfers out on or after 1st October 2023
  44. 42 Club transfers out before 1st October 2023
  45. 43 Club transfers in before 1st October 2023
  46. 44 Application of Section 2
  47. 45 Club transfers out on or after 1st October 2023
  48. 46 Club transfers in on or after 1st October 2023
  49. 47 Interim payment of benefits in certain cases
  50. 48 Application and interpretation of Chapter 4
  51. 49 Transferred in remediable rights treated as being in the PCSPS
  52. 50 Varying the value of benefits secured by virtue of transferred in remediable rights
  53. 51 Benefits already paid in relation to transferred in remediable rights
  54. 52 Pension benefits and lump sum benefits in relation to transferred in remediable rights
  55. 53 Application and interpretation of Chapter 1
  56. 54 Whether M meets the IHR criteria in M’s alternative scheme
  57. 55 Deferred choice members entitled to ill-health benefits in their alternative scheme only
  58. 56 Remedy members entitled to ill-health benefits in their alternative scheme only
  59. 57 Remedy members with provisional awards of ill-health pension
  60. 58 Disapplication of certain requirements
  61. 59 Protection of the amount of pension in payment to an eligible child
  62. 60 Modification of nomination rules for Section II members
  63. 61 Aggregation of PCSPS membership
  64. 62 Payment of annual allowance tax charges and provision of information
  65. 62A Recovery of injury or compensation scheme benefits
  66. 62B Opt-out period election
  67. 62C Retrospective ill-health retirement assessment under alpha
  68. 62D Retrospective ill-health retirement assessment under Section II
  69. 62E Recalculation of partial retirement pension under PCSPS
  70. 62F Recalculation of early retirement pension under PCSPS
  71. 63 Treatment of immediate detriment cases
  72. 64 Application of Part 9
  73. 65 Interest
  74. 66 Indirect compensation
  75. 67 Applications for compensation or indirect compensation
  76. 68 Netting off
  77. 69 Reduction of liabilities in relation to pension contributions
  78. 70 Power to reduce or waive amounts owed by a person to the scheme manager
  79. 71 Agreement to waive a liability owed by the scheme manager in respect of an immediate correction
  80. 72 Application of Chapter 4
  81. 73 Payment of amounts owed to the scheme manager
  82. 74 Payment of amounts owed to a person
  83. SCHEDULE Eligible decision-makers for deceased members

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83 provisions

73 Payment of amounts owed to the scheme manager

(1) This regulation applies where a person (“P”) has a net liability to the scheme manager within the meaning of regulation 72. (2) The scheme manager must send notice in writing to P setting out— (a) how the net liability has been calculated, (b) an explanation of the circumstances in which the net liability may be reduced or waived under regulation 70, (c) where the net liability has been calculated by reference to an amount by way of compensation under section 16(3) of PSPJOA 2022, an explanation of the agreement that may be made under regulation 71, (d) when and how the net liability must be paid, and (e) the consequences of not paying the net liability. (3) Where— (a) the scheme manager has sent a notice under paragraph (2), and (b) the amount of the net liability is subsequently adjusted, the scheme manager must send another notice in writing to P under paragraph (2). (4) P must pay the amount of the net liability to the scheme manager— (a) before the end of the period of six months beginning with the day after the day on which P receives the most recent notice under paragraph (2), or (b) in accordance with an agreement under paragraph (5). (5) P and the scheme manager may agree that the net liability is to be paid in part or in full— (a) by way of instalments, or (b) by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under a civil service scheme. (6) P and the scheme manager may agree to vary an agreement under paragraph (5). (7) Where P does not pay any amount that falls due by virtue of paragraph (4)(a) or an agreement under paragraph (5), the scheme manager may deduct such sums from benefits payable to P under a civil service scheme as seem reasonable to the scheme manager for the purpose of discharging P’s liability. (8) P has no liability to pay any amount on account of the net liability until the time for payment arises in accordance with this regulation or an agreement under this regulation, and until that time the scheme manager has no cause of action for the recovery of any such amount (whether for the purposes of the Limitation Act 1980 or otherwise).

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74 Payment of amounts owed to a person

(1) This regulation applies where the scheme manager owes a net liability to a person (“P”). (2) The scheme manager must pay the amount of the net liability to P— (a) as soon as reasonably practicable after the scheme manager determines the amount of the net liability, or (b) where the scheme manager requires P to provide information in accordance with paragraph (3), as soon as reasonably practicable after receipt of that information. (3) Before paying the amount of a net liability owed to P, the scheme manager may by written notice given as soon as reasonably practicable after the scheme manager determines the amount of the net liability, require P to provide information in relation to the net liability which is— (a) information which is within P’s possession, or (b) information which P may reasonably be expected to obtain.

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SCHEDULE Eligible decision-makers for deceased members

Regulations 4(3), 6(2), 8(2) and 12(2) Interpretation 1 (1) In this Schedule— “beneficiary” means a person who has become entitled to receive any death benefit; “child”, except in the term “eligible child”, means a person under the age of 18; “death benefit” means a benefit payable on the death of a member under— Part 8 of the 2014 Regulations; Part E of Section I; section 4 of Section II; Part F of Section III; “decision” means an opted-out service election, an immediate choice decision or a deferred choice decision; “eligible decision-maker” means a person who may make— an opted-out service election in accordance with regulation 6(2)(b); an immediate choice decision in accordance with regulation 8(2)(b); a deferred choice decision in accordance with regulation 12(2)(b); “surviving adult” means— a surviving spouse; a surviving civil partner; in relation to— alpha, a surviving partner within the meaning of regulation 101 of the 2014 Regulations; Section I, a surviving adult dependant within the meaning of rule E.2 of that Section; Section III, a surviving adult dependant within the meaning of rule F.2 of that Section. (2) In this Schedule, a reference to— (a) a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service; (b) an eligible child is a reference to an eligible child of M; (c) M is a reference to the deceased remedy member in respect of whose remediable service an election may be made; (d) a surviving adult is a reference to a surviving adult in relation to M. Sole beneficiary: an adult 2 (1) Where a person is— (a) the sole beneficiary, and (b) an adult, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) the person mentioned in sub-paragraph (1), or (b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager. Sole beneficiary: a child 3 (1) Where a person (“A”) is— (a) the sole beneficiary, and (b) a child, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) A’s parent or guardian, or (b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager. Sole beneficiary: a body 4 Where a body (whether corporate or unincorporated) is the sole beneficiary, the eligible decision-maker is— (a) M’s personal representative, or (b) where M has no personal representative, the scheme manager. Sole beneficiary: M’s estate 5 Where M’s estate is the sole beneficiary, the eligible decision-maker is— (a) M’s personal representative, or (b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager. Multiple beneficiaries: including a surviving adult 6 (1) Where— (a) two or more adults are the only beneficiaries, and (b) one of those adults (“B”), is a surviving adult, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) B, or (b) where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager. Multiple beneficiaries: including adult eligible children 7 (1) Where— (a) two or more adults are the only beneficiaries, (b) none of those adults is a surviving adult, and (c) two or more of those adults are eligible children, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) the person agreed upon by the adult eligible children, or (b) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager. Multiple beneficiaries: nominated individuals only 8 (1) Where— (a) two or more adults (the “nominated adults”) are beneficiaries of lump sum death benefits, and (b) none of the following are beneficiaries— (i) a surviving adult, or (ii) an eligible child (whether or not an adult), the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) The eligible decision-maker is— (a) M’s personal representative; (b) where M has no personal representative, the person agreed upon by the nominated adults; (c) where— (i) M has no personal representative, and (ii) no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager. Multiple beneficiaries: non-adult eligible children 9 Where the only beneficiaries are children, two or more of whom are eligible children, the eligible decision-maker is— (a) where one person has parental responsibility for all the eligible children, that person; (b) otherwise— (i) M’s personal representative, or (ii) where M has no personal representative, the scheme manager. Multiple beneficiaries: nominated children only 10 Where the only beneficiaries are two or more children who are not eligible children, the eligible decision-maker is— (a) where one person has parental responsibility for all the children, that person; (b) otherwise— (i) M’s personal representative, or (ii) where M has no personal representative, the scheme manager. Multiple beneficiaries: one or more adults and one or more children 11 (1) Where the beneficiaries include one or more adults and one or more children— (a) M’s personal representative is the eligible decision-maker; (b) where M has no personal representative, and— (i) one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker; (ii) none of the beneficiaries is a surviving adult and— (aa) one or more of the beneficiaries is an eligible child, or (bb) none of the beneficiaries is an eligible child, the eligible decision-maker is determined in accordance with sub-paragraph (2). (2) Where sub-paragraph (1)(b)(ii) applies, and— (a) all relevant children are under 18 and— (i) have the same guardian, the eligible-decision maker is that guardian; (ii) do not have the same guardian, the eligible decision-maker is the scheme manager; (b) all relevant children are 18 or over, the eligible decision-maker is— (i) the person agreed upon by those relevant children, or (ii) where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager; (c) one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by— (i) the relevant children who are 18 or over, and (ii) the guardian of the relevant children who are under 18. (3) In sub-paragraph (2), “relevant children” means— (a) where sub-paragraph (1)(b)(ii)(aa) applies, eligible children; (b) where sub-paragraph (1)(b)(ii)(bb) applies, a person who is a beneficiary and who meets any of conditions A, B or C as set out in regulation 113(2), (3) and (4) of the 2014 Regulations. Other cases 12 In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager. Option for scheme manager to be eligible decision-maker 13 (1) A person (other than the scheme manager) determined as the eligible decision-maker in accordance with paragraph 2, 3, 5, or 6 may, subject to sub-paragraph (3), opt for the scheme manager to be the eligible decision-maker (“scheme manager option”). (2) A scheme manager option may only be exercised by notice to the scheme manager in a form and manner determined by the scheme manager. (3) Where a scheme manager option has been exercised, the scheme manager may determine, if the scheme manager considers it reasonable in all the circumstances, that the eligible decision-maker is the scheme manager.

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