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195 provisions
Title and introductory text
2014 No. 1964
Public Service Pensions
The Public Service (Civil Servants and Others) Pensions Regulations 2014
Made
23rd July 2014
Laid before Parliament
24th July 2014
Coming into force in accordance with regulation 1(2) and (3)
The Minister for the Civil Service makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(a), 2(1), 3(1), (2), (3)(a) and (c), 4(3) and (6) as read with section 4(1), 5(2)(c) as read with section 5(1), 18(5A), 8(1)(a), 12(6) and (7), 18(5), (6) and (7), 25(3), paragraph 1 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to the Public Service Pensions Act 2013.
In accordance with section 21 of that Act, the Minister for the Civil Service has consulted the representatives of such persons as appear to the Minister likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.
(1) These Regulations may be cited as the Public Service (Civil Servants and Others) Pensions Regulations 2014.
(2) Part 1, regulations 138 and 182, Schedule 1 (payments for extra pension) and Schedule 2 (transitional provisions) come into force on 15thAugust2014.
(3) The remaining provisions come into force on 1stApril 2015.
In these Regulations—
“the Act” means the Public Service Pensions Act 2013;
“FA 2004” means the Finance Act 2004;
“PIA 1971” means the Pensions (Increase) Act 1971;
“PSA 1993” means the Pension Schemes Act 1993;
“PA 1995” means the Pensions Act 1995;
“SA 1972” means the Superannuation Act 1972;
“WRPA 1999” means the Welfare Reform and Pensions Act 1999;
“accrued added pension” means—
accrued added (self only) pension (if any); and
accrued added (all beneficiaries) pension (if any);
“accrued club transfer earned pension”—
for the purpose of calculating the amount of a description of full retirement pension or the provisional amount of a description of deferred pension, is the amount calculated in accordance with regulation 35(5);
for the purpose of calculating the amount of a description of partial retirement pension, is the amount calculated in accordance with regulation 36(5);
“accrued earned pension” means—
in relation to this scheme–
accrued standard earned pension (if any);
accrued earned pension attributable to an effective pension age option (if any);
accrued earned pension attributable to an enhanced effective pension age option (if any); and
accrued club transfer earned pension (if any);
in relation to another pension scheme, accrued rights to benefits under that scheme which are the equivalent of accrued earned pension under this scheme;
“accrued pension” means—
accrued earned pension under this scheme; and
accrued added pension (if any);
“accrued rights”, in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit;
“accrued standard earned pension”—
for the purpose of calculating the amount of a description of full retirement pension or the provisional amount of any description of deferred pension, is the amount calculated in accordance with regulation 35(3);
for the purpose of calculating the amount of a description of partial retirement pension, is the amount calculated in accordance with regulation 36(3);
“active member” has the meaning given in regulation 2A;
“active member’s account” has the meaning given in regulation 40(2);
“actuarial guidance” means guidance given by the scheme manager after consultation with the scheme actuary;
“actuarial reduction”, in relation to reduction of pension payable to a member who has not reached normal pension age, means a reduction determined by the scheme manager after consulting with the scheme actuary or taking into account tables prepared by the scheme actuary;
“actuarial tables” means tables determined by the scheme manager after consultation with the scheme actuary;
“added pension” means, in relation to this scheme—
added (self only) pension (if any); and
added (all beneficiaries) pension (if any);
“added pension payments” means periodical payments or a lump sum payment for added pension made to this scheme;
“additional adoption leave” means additional ordinary adoption leave under section 75B of the Employment Rights Act 1996;
“additional maternity leave” has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999;
...
“Admission Agreement” has the meaning given in regulation 16;
“adoption leave” means ordinary adoption leave or additional adoption leave;
“age addition” has the meaning given in regulation 33(4);
“the allocation amount” means the amount of the pension allocated as a result of making an allocation election;
“allocation election” means an election under regulation 86;
“amount of added pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 43(7);
“amount of credited pension” has the meaning given in regulation 56(5);
“amount of earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 43(4);
“annual allowance” has the meaning given in section 228 (annual allowance) of FA 2004;
“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004;
“annual rate”—
for each description of pension, has the meaning given in Part 6 (retirement benefits); and
in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;
“assumed age addition” has the meaning given in regulation 34(3);
“assumed pay” has the meaning given in regulation 27(2);
“the beginning date”, in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) (meaning of “pension” and other supplementary provisions) of PIA 1971;
“beneficiary”, in relation to a deceased member, means the surviving adult or eligible child of the member;
“child-related leave” means adoption leave, maternity leave, parental leave, paternity leave or shared parental leave;
“Civil Service Compensation Scheme” means the compensation scheme made under section 1 (superannuation schemes as respects civil servants etc.) of SA 1972 which was laid before Parliament on 9th January 1995, as amended from time to time;
“closing date”, in relation to a transition member, has the meaning given in paragraph 1 of Schedule 2 (transitional provisions);
“club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive club transfer value payments under the club transfer arrangements;
“club transfer” means a transfer to or from this scheme under the club transfer arrangements;
“club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving club transfer value payments;
“club transfer earned pension” means pension attributable to receipt of a club transfer value payment;
“club transfer value” has the meaning given in regulation 141;
“club transfer value payment” means payment of a club transfer value;
“the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the commutation option;
“commutation option” means the option to exchange part of a pension for a lump sum—
exercisable under regulation 84 in relation to a retirement pension; or
exercisable under regulation 97 in relation to a pension credit member’s pension;
“compensation scheme” means—
the Civil Service Compensation Scheme; or
a scheme made under section 1(2)(a) of the Act providing for redundancy compensation payments;
“connected scheme” has the meaning given in regulation 2B;
“continuity of service”, in relation to a transition member, has the meaning given in paragraph 2 of Schedule 2;
“continuous period of pensionable service”, in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in pensionable service not exceeding 5 years, unless otherwise provided;
“death benefits” means benefits payable under Part 8 (death benefits);
“deferred member”, in relation to this scheme, has the meaning given in regulation 28;
“deferred member’s account” has the meaning given in regulation 47(3);
“description of accrued added pension” means any of the following—
accrued added (self only) pension;
accrued added (all beneficiaries) pension;
“description of accrued pension” means accrued pension of a description mentioned in regulation 29;
“description of added pension” means any of the following—
added (self only) pension;
added (all beneficiaries) pension;
“description of deferred pension” means any of the following—
deferred standard earned pension;
deferred earned pension attributable to an effective pension age option;
deferred earned pension attributable to an enhanced effective pension age option;
deferred club transfer earned pension;
deferred added (all beneficiaries) pension;
deferred added (self only) pension;
“description of full retirement pension” means a full retirement pension of a description mentioned in regulation 30;
“description of partial retirement pension” means a partial retirement pension of a description mentioned in regulation 31;
“description of pension” means any of the following—
standard earned pension;
transferred pension;
earned pension attributable to an effective pension age option;
earned pension attributable to an enhanced effective pension age option;
club transfer earned pension;
added (all beneficiaries) pension;
added (self only) pension;
“dual capacity member” has the meaning given in regulation 160;
“early payment reduction” means the actuarial reduction that is applied when calculating the annual rate of pension payable to a member of this scheme who has not reached normal pension age under this scheme or, if applicable, effective pension age or enhanced effective pension age;
“effective pension age”, in relation to a member who has exercised an effective pension age option, means the age at which the member is entitled to payment, without actuarial reduction, of a full retirement earned pension or partial retirement earned pension attributable to that option;
“effective pension age payments” has the meaning given in paragraph 1 of Schedule 1 (payments for extra pension);
“effective pension age option” has the meaning given in paragraph 1 of Schedule 1;
“eligible child” has the meaning given in regulation 113;
“eligible child’s pension” has the meaning given in regulation 112;
“employment” includes an office or appointment and related expressions are to be read accordingly;
“enhanced effective pension age”, in relation to a member who has exercised an enhanced effective pension age option, means the age at which the member is entitled to payment, without actuarial reduction, of a full retirement earned pension or partial retirement earned pension attributable to that option;
“enhanced effective pension age option” has the meaning given in paragraph 1 of Schedule 1;
“enhanced effective pension age payments” has the meaning given in paragraph 1 of Schedule 1;
“Fair Deal eligible person” has the meaning given in regulation 16;
“Fair Deal transfer date” has the meaning given in regulation 16;
“full retirement account” has the meaning given in regulation 51(4);
“full retirement added pension” means, unless otherwise provided—
full retirement added (self only) pension (if any); and
full retirement added (all beneficiaries) pension (if any);
“full retirement earned pension” means, unless otherwise provided—
full retirement standard earned pension (if any);
full retirement earned pension attributable to an effective pension age option (if any);
full retirement earned pension attributable to an enhanced effective pension age option (if any); and
full retirement club transfer earned pension (if any);
“full retirement pension” means—
full retirement earned pension; and
full retirement added pension (if any);
“guaranteed minimum” means the guaranteed minimum as defined in sections 14 (earner’s guaranteed minimum) and 17 (minimum pensions for widows and widowers) of PSA 1993—
as increased in accordance with the requirements of section 109 of that Act (annual increase of guaranteed minimum pensions); and
if a reduction has been made under section 15A of that Act (reduction of guaranteed minimum in consequence of pension debit), as reduced in accordance with that section;
“ill-health pension”, in relation to pension payable under this scheme, means—
a lower tier earned pension; and
an upper tier top up earned pension (if applicable); or
if paragraph 29 of Schedule 2 applies, a pension payable under that paragraph;
“index adjustment” means—
in relation to the opening balance of a description of pension other than club transfer earned pension for any scheme year, the change in prices in the previous scheme year; and
in relation to the opening balance of club transfer earned pension for any scheme year, the in-service revaluation index that the sending scheme would have applied to the transferred pension for the previous scheme year, had it not been transferred;
“in-service revaluation index”, in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme;
“last active scheme year” means the scheme year in which an active member of this scheme ceases to be in pensionable service under this scheme;
“last day of pensionable service” means the last day of a continuous period of pensionable service under this scheme;
“late payment supplement”, in relation to the provisional amount of any description of deferred pension, means an additional amount of pension determined by the scheme manager after consulting the scheme actuary to be appropriate if a deferred member of this scheme is over normal pension age under this scheme or, if applicable, effective pension age or enhanced effective pension age, before becoming entitled to the immediate payment of a full retirement pension;
“the leaving year” means the scheme year in which the relevant last day falls;
“lower tier earned pension” means accrued earned pension payable if a member meets the lower tier payment threshold;
“lower tier payment threshold” has the meaning given in regulation 72;
“lump sum death benefit” means a lump sum paid under Part 8 (death benefits) on the death of a member;
“maternity leave” means ordinary maternity leave or additional maternity leave ...;
“member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member of this scheme;
“member contributions” has the meaning given in regulation 134;
“Minister” means Minister for the Civil Service;
“normal minimum pension age” has the same meaning as in section 279(1) (other definitions) of FA 2004;
“normal pension age”, in relation to this scheme, is determined in accordance with section 10 of the Act;
“occupational pension scheme” has the meaning given in section 1 (categories of pension schemes) of PSA 1993;
“opening balance”, in relation to a description of pension for a scheme year, has the meaning given in regulation 44;
“option proportion”, in relation to a description of accrued pension, means the proportion specified in a notice under regulation 65;
“ordinary adoption leave” means ordinary adoption leave under section 75A of the Employment Rights Act 1996;
“ordinary maternity leave” has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999;
“parental leave” has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999;
“partial retirement account” has the meaning given in regulation 54;
“partial retirement added pension” means—
partial retirement added (self only) pension (if any); and
partial retirement added (all beneficiaries) pension (if any);
“partial retirement earned pension” means—
partial retirement standard earned pension (if any);
partial retirement earned pension attributable to an effective pension age option (if any);
partial retirement earned pension attributable to an enhanced effective pension age option (if any); and
partial retirement club transfer earned pension (if any);
“partial retirement option” means the option exercisable under regulation 64;
“partial retirement pension” means—
partial retirement earned pension; and
partial retirement added pension (if any);
“partially retired”, in relation to a member of this scheme, means a member who has exercised the partial retirement option;
“partnership pension account” has the meaning given in regulation 2C;
“paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002;
“pay period” means the period in respect of which a payment of pensionable earnings is made;
“PCSPS partial retirement option” means the option exercisable under rule—
D.1A of Section I of the PCSPS;
3.3b of Section II of the PCSPS; or
E.4 of Section III of the PCSPS;
“pension credit” has the meaning given in section 124(1) (interpretation of Part 1) of PA 1995;
“pension credit member”, in relation to this scheme, means a person who has rights under this scheme which are attributable (directly or indirectly) to a pension credit under a pension sharing order following divorce or nullity of marriage;
“pension credit member’s account” has the meaning given in regulation 56;
“pension credit member’s pension” means a pension payable under regulation 91;
“pension debit member”, in relation to this scheme, means a person who is a member of this scheme whose benefits or future benefits under this scheme have been reduced under section 31 (reduction of benefit) of WRPA 1999;
“pensionable earnings” has the meaning given in regulation 26;
“pensionable public service” means pensionable service under an existing scheme or an existing public body pension scheme as defined in paragraph 1 of Schedule 2 (transitional provisions);
“pensioner member”, in relation to this scheme, means a person who is entitled to the immediate payment of a retirement pension under this scheme;
“pension sharing order” means any provision or order specified in section 28 (activation of pension sharing) of WRPA 1999;
“period of assumed pay” has the meaning given in regulation 27(1);
“permanent pensionable earnings” has the meaning given in regulation 26(4);
“personal pension scheme” means a personal pension scheme as defined in section 1 (categories of pension schemes) of PSA 1993 that is a registered pension scheme;
“the PCSPS” means the pension scheme made under section 1 (superannuation schemes as respects civil servants etc.) of SA 1972 which is the principal civil service pension scheme within the meaning of section 2(10)(further provisions relating to schemes under section 1) of that Act;
“prospective normal pension age”, in relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager, by reference to Treasury directions under section 11(2) of the Act, determines would apply in relation to those benefits;
“protected member”, in relation to the PCSPS, has the meaning given in paragraph 1 of Schedule 2;
“provisional amount”, in relation to any description of deferred pension, has the meaning given in regulation 48(2);
“qualifying service” has the meaning given in regulation 59;
“registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 (registration of pension schemes) of FA 2004;
“the relevant last day”, in relation to a continuous period of pensionable service, means—
for a partially retired member, the day before the day on which the partial retirement option was exercised, and
otherwise, the member’s last day of pensionable service;
“retirement index adjustment”, in relation to an amount of accrued pension, has the meaning given in regulation 32;
“retirement benefits” means benefits payable under Part 6 (retirement benefits);
“retirement pension” means any of the following—
a full retirement pension;
a partial retirement pension;
an ill-health pension (and any full retirement added pension payable with it);
“this scheme” means the scheme established by these Regulations;
“scheme actuary” means the individual appointed by the Minister under regulation 158;
“scheme closing date” means 31st March 2015;
“scheme employment” has the meaning given in regulation 13;
“scheme manager” has the meaning given in regulation 4;
“scheme medical adviser” means the medical adviser appointed by the scheme manager for the time being to provide a consulting service on medical matters relevant to this scheme;
“scheme year” means a period of one year beginning with 1st April and ending with 31st March;
“sending scheme” means a club scheme which pays a club transfer value;
“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014;
“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 (Stakeholder Pension Schemes) of WRPA 1999 (see section 1 of that Act);
“standard earned pension” means pension which is earned under this scheme and which is payable without actuarial reduction at normal pension age;
“statutory pay” means—
statutory adoption pay within the meaning of section 171ZL(1) (entitlement) of the Social Security Contributions and Benefits Act 1992;
statutory maternity pay within the meaning of section 164(1) (statutory maternity pay – entitlement and liability to pay) of the Social Security Contributions and Benefits Act 1992;
... statutory paternity pay within the meaning of section 171ZA(1) (entitlement: birth) or 171ZB(1) (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992; or
statutory shared parental pay within the meaning of section 171ZU (entitlement: birth) or section 171ZV (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992;
“surviving adult”, in relation to a deceased member of this scheme, has the meaning given in regulation 100;
“surviving adult’s pension” has the meaning given in regulation 102;
“surviving civil partner” has the meaning given in regulation 100;
...
“surviving partner” has the meaning given in regulation 101;
“surviving spouse” has the meaning given in regulation 100;
“tax year” means a period of one year which is the period of assessment for income tax purposes;
“total allocation amount”, in relation to an amount of retirement pension, means the total amount of that pension allocated under Chapter 6 of Part 6 (retirement benefits);
“transfer payment” means a transfer value payment or a club transfer value payment;
“transfer value” has the meaning given in regulation 141;
“transfer value payment” means payment of a transfer value;
“the transferred services” has the meaning given in regulation 16;
“transferred pension” means pension attributable to receipt of a transfer value payment;
“transition date”, in relation to a transition member, has the meaning given in paragraph 1 of Schedule 2 (transitional provisions);
“transition member” has the meaning given in paragraph 1 of Schedule 2 (transitional provisions);
“upper tier top up earned pension” means top up earned pension payable if a member meets the upper tier payment threshold;
“upper tier payment threshold” has the meaning given in regulation 73;
“weekly rate”, in relation to a guaranteed minimum pension, has the meaning given in regulation 55(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996;
“whole of the member’s accrued pensions” means—
all the member’s accrued earned pension under this scheme; and
all the member’s accrued added pension (if any).
(1) A person (P) is an active member of this scheme if—
(a) P is in pensionable service under this scheme; or
(b) P is not in pensionable service under this scheme and paragraph (2) or (3) applies.
(2) This paragraph applies if P is on unpaid authorised absence.
(3) This paragraph applies if—
(a) P is in scheme employment;
(b) P is on unpaid sick leave or on unpaid child-related leave; and
(c) P was an active member of this scheme, the PCSPS or another permitted pension scheme immediately before that leave began.
(4) In this regulation “another permitted pension scheme” means, in relation to P, a pension scheme approved by the scheme manager for the purposes of this regulation.
(1) Subject to paragraph (2), “connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) of the Act, with this scheme.
(2) The following schemes are not connected schemes—
(a) an injury or compensation scheme established under section 1 of the Act;
(b) an injury or compensation scheme established under section 1 of the SA 1972;
(c) a statutory pension scheme that is a defined contributions scheme; and
(d) a public body pension scheme which relates to members of staff of a body, or the holder of an office, listed in Schedule 10 to the Act.
(3) Sub-paragraphs (a) and (b) of paragraph (2) do not apply for the purposes of regulation 62B of the Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023.
(1) In these Regulations, “partnership pension account”, in relation to a person in scheme employment, means a pension scheme that has been approved by the scheme manager for the purposes of this regulation.
(2) The scheme manager must not approve a pension scheme for the purposes of this regulation unless it is an—
(a) an occupational pension scheme, a stakeholder pension scheme or a personal pension scheme;
(b) a defined contributions scheme; and
(c) a pension scheme to which the person’s employer is—
(i) paying contributions; or
(ii) not paying contributions because the person is not receiving earnings which are pensionable earnings for the purposes of the person’s pension scheme (other than because the person is on an unauthorised absence); or
(iii) not paying contributions because the person received benefits under section 2 (compulsory and redundancy category (1972 Section members)) of the Civil Service Compensation Scheme or section 3 (flexible category (1972 Section members)) of that Scheme on the basis that the person’s reckonable service within the meaning of those sections was enhanced and the period by which that service was enhanced exceeds the period beginning with the day on which the person’s retirement under those sections began and ending with the day before the person was re-employed in the scheme employment.
(1) A scheme is established for the payment of pensions and other benefits to or in respect of—
(a) civil servants; and
(b) persons to whom this scheme may potentially relate by virtue of paragraph (2) and in respect of whom the Minister makes a determination under section 25(5) of the Act.
(2) This scheme may potentially relate to the following persons—
(a) a person who holds an employment which is remunerated out of money provided by Parliament, the Consolidated Fund or the Scottish Consolidated Fund;
(b) a person who holds an employment which is remunerated out of a fund established by or under an Act of Parliament;
(c) a person who is a member of staff of a statutory body, or the holder of a statutory office, if that body or office is listed in Schedule 10 to the Act or has been listed previously in that Schedule;
(d) a person who holds an employment which is listed in Schedule 1 (kinds of employment etc. referred to in section 1) to SA 1972;
(e) a person who holds an employment which is specified in an enactment as an employment to which the PCSPS relates or to which this scheme may potentially relate;
(f) a person who holds an employment which is specified in a list produced for the purpose of section1(4A) (superannuation schemes as respects civil servants etc.) of SA1972;
(g) a person to whom the scheme relates by virtue of sub-paragraphs (a) to (e) and by virtue of a previous determination under section25(5) of the Act, who ceases to hold an employment mentioned in any of sub-paragraphs (a) to (e);
(h) a person who, at any time before or after these Regulations come into force—
(i) ceased to be a civil servant; or
(ii) ceased to hold an employment which was at the time the person ceased to hold that employment listed in Schedule 1 to SA1972.
(3) If the Minister makes a determination under section 25(5) of the Act in relation to a person mentioned in paragraph (2)(f) to (h), the person is not eligible to be an active member of this scheme unless the person meets the conditions of eligibility set out in regulation 16.
(1) The Minister is the scheme manager for this scheme and any statutory pension scheme that is connected with it.
(2) The scheme manager is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Minister may delegate any functions under these Regulations, including this power to delegate.
(2) The scheme manager may delegate any functions under these Regulations, including this power to delegate.
(1) A pension board (the “Civil Service Pension Board”) is established.
(2) The Civil Service Pension Board is responsible for assisting the scheme manager—
(a) to secure compliance with—
(i) these Regulations;
(ii) any other legislation relating to the governance and administration of this scheme and any statutory pension scheme that is connected with it; and
(iii) any requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and
(b) in the performance of the scheme manager’s functions under these Regulations.
(3) The Civil Service Pension Board may determine its own procedures, subject to the approval of the scheme manager.
(1) The Civil Service Pension Board is to consist of the following members who are to be entitled to vote in its proceedings (“voting members”)—
(a) a chair appointed by the scheme manager; and
(b) at least 6, and no more than 16, persons appointed by the chair with the approval of the scheme manager.
(2) The chair cannot be an employer representative or a member representative.
(3) Equal numbers of employer representatives and member representatives must be appointed under paragraph(1)(b), including a departmental finance director who is to be treated as an employer representative.
(4) The chair may, with the approval of the scheme manager, appoint up to 4 members of the Civil Service Pension Board who are not to be entitled to vote in its proceedings (“non-voting members”).
(5) A non-voting member cannot be an employer representative or a member representative.
(6) A member of the Civil Service Pension Board is to hold and vacate office in accordance with the terms of that member’s appointment.
(7) In this regulation, “departmental finance director” means—
(a) an accounting officer appointed by the Treasury under section 5(6) (resource accounts: preparation) of the Government Resources and Accounts Act 2000; or
(b) a civil servant who has responsibility for the financial management of a government department.
8 Civil Service Pension Board: conflicts of interest
(1) Before appointing, or approving the appointment of, any person under regulation 7, the scheme manager must be satisfied that that person does not have a conflict of interest.
(2) The scheme manager must be satisfied from time to time that none of the members of the Civil Service Pension Board has a conflict of interest.
(3) If the scheme manager determines that a member of the Civil Service Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member.
(4) A member of the Civil Service Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2).
The Minister may—
(a) pay fees to or in respect of members of the Civil Service Pension Board of such amounts as the Minister may determine; and
(b) reimburse members of the Civil Service Pension Board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme.
(1) A scheme advisory board is established.
(2) The scheme advisory board is responsible for providing advice to the Minister, at the Minister’s request, on the desirability of making changes to this scheme.
(3) The scheme advisory board may determine its own procedures, subject to the approval of the Minister.
(1) The scheme advisory board is to consist of the following members—
(a) a chair appointed by the Minister; and
(b) at least 2, and no more than 16, persons appointed by the chair with the approval of the Minister.
(2) A member of the scheme advisory board is to hold and vacate office in accordance with the terms of that member’s appointment.
(1) Before appointing, or approving the appointment of, any person under regulation11(1), the Minister must be satisfied that that person does not have a conflict of interest.
(2) The Minister must be satisfied from time to time that none of the members of the scheme advisory board has a conflict of interest.
(3) If the Minister determines that a member of the scheme advisory board has a conflict of interest, the Minister must terminate the appointment of the member.
(4) A member of the scheme advisory board, or a person proposed to be appointed as such a member, must provide the Minister with any information the Minister may reasonably require for the purpose of paragraph (1) or (2).
(1) In these Regulations, “scheme employment” means—
(a) permanent or fixed term employment as a civil servant;
(b) permanent or fixed term employment held by a person (P) mentioned in regulation 3(2)(a) to (e) and to whom this scheme relates by virtue of a determination under section 25(5) of the Act, where the scheme relates to P by virtue of that employment;
(c) permanent or fixed term employment held by a Fair Deal eligible person, where the scheme relates to that person by virtue of that employment.
(2) Any person engaged under a contract for services or engaged locally overseas is not in scheme employment.
(1) For the purpose of this Part, an eligible person is a person who is eligible to be an active member of this scheme.
(2) A person who is in service in a scheme employment (P) is an eligible person in relation to that service unless paragraph (3) or (4) applies.
(3) This paragraph applies if the terms of the employment exclude P from being an active member of this scheme.
(4) This paragraph applies if, in relation to service in that employment—
(a) P is a protected member of the PCSPS;
(b) P has a partnership pension account; or
(c) P is a member of any other pension scheme and P’s employer pays contributions to that scheme in respect of P.
(1) In these Regulations, “Fair Deal eligible person” means—
(a) a person mentioned in regulation 3(2)(g)—
(i) in respect of whom the Minister has made a further determination under section25(5) of the Act in accordance with regulation 3(1)(b); and
(ii) who meets the conditions of eligibility set out in paragraph (2) (“the conditions of eligibility”); or
(b) a person mentioned in regulation 3(2)(f) or (h)—
(i) in respect of whom the Minister has made a determination under section25(5) of the Act in accordance with regulation 3(1)(b); and
(ii) who meets the conditions of eligibility.
(2) A person (P) meets the conditions of eligibility if—
(a) P’s employer is a party to an Admission Agreement in respect of the transferred services and the Admission Agreement has not terminated;
(b) on the Fair Deal transfer date, P was employed to carry out the transferred services;
(c) since the Fair Deal transfer date, P has been continuously employed to carry out the transferred services;
(d) P is employed to carry out the transferred services for more than 50% of P’s time working under P’s contract to carry out the transferred services;
(e) P is not, in respect of the transferred services, an active member of an occupational pension scheme or a personal pension scheme provided by P’s employer; and
(f) P has not signed an agreement with P’s employer to waive, voluntarily, P’s eligibility to be an active member of this scheme as a Fair Deal eligible person.
(3) For the purposes of paragraph 2(c), P has not been continuously employed where P has had a gap in service of any period.
(4) In determining whether P meets the condition in paragraph (2)(d)—
(a) functions or services carried out by P under another contract are to be disregarded;
(b) if the scheme manager has agreed that P may carry out functions or services in another description of employment specified in the published list, those other functions or services must be treated as if they were the transferred services; and
(c) time spent carrying out activities associated with the transferred services (such as training relevant to the transferred services) may be treated as time spent carrying out the transferred services.
(5) A person who ceases to meet the conditions of eligibility ceases to be a Fair Deal eligible person on the date that the person ceases to meet those conditions.
(6) In these Regulations—
“Admission Agreement” means a contractual agreement between the Minister and P’s employer (and if applicable a third party) relating to participation in this scheme;
“Fair Deal transfer date” means the date specified in the published list as the date on which a person, in order to be eligible to be an active member of this scheme in respect of the transferred services, must have been employed to carry out those services;
“published list” means a list of persons to whom the scheme relates published for the purposes of section 25(9) of the Act; and
“the transferred services”, in relation to a person, means the functions or services in the description of employment specified in the published list that relates to that person.
(1) This Chapter applies in relation to a continuous period of service in a scheme employment.
(2) If a person is in service in 2 or more scheme employments at the same time, this Chapter applies separately in relation to each of the employments.
In this Chapter—
“automatic re-enrolment date”, in relation to a person in service in a scheme employment, means a date determined under regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010;
“continuous period of service”, in relation to scheme employment, means a period of service in scheme employment disregarding any gap in service not exceeding 5 years;
“first eligible day of service”, in relation to a continuous period of service in a scheme employment, means the day on which a person becomes an eligible person in relation to that service.
(1) Where a person (P) who is in pensionable service under this scheme moves from one scheme employment to another without a gap in service, P continues in pensionable service under this scheme.
(2) A person (P) who is not in pensionable service under this scheme immediately before P’s first eligible day of service in a scheme employment begins pensionable service under this scheme on P’s first eligible day of service in that employment unless—
(a) regulation 24 applies; or
(b) P is a transition member with continuity of service and paragraph (3) applies.
(3) This paragraph applies if—
(a) P’s first eligible day of service in the scheme employment is the day after P’s closing date; and
(b) on P’s closing date—
(i) P was in service in the same employment; and
(ii) P had opted out of the PCSPS in relation to that service.
(1) A person who, in relation to a scheme employment, is an eligible person but is not in pensionable service under this scheme may opt to become an active member of this scheme in relation to service in that employment.
(2) A person who has a partnership pension account in relation to service in a scheme employment is not prevented from opting into this scheme in relation to service in that employment (see regulation 21 for when the option in takes effect).
(3) The option under this regulation may only be exercised by notice to the scheme manager in a form required by the scheme manager (“opt-in notice”).
(4) A person who exercises the option under this regulation in relation to service in a scheme employment opts into this scheme in relation to service in that employment with effect from the date on which the opt-in notice is received by the scheme manager.
(5) The option under this regulation is taken to be exercised on that date.
(6) If P opts out of this scheme within 12 months after opting in, P may not opt in again until after the end of that period of 12 months.
(1) If P opts into this scheme in relation to service in a scheme employment for which P has a partnership pension account—
(a) P becomes an active member of this scheme in relation to that service on the first day of the first pay period—
(i) after the period of two months beginning with the date on which the option is exercised; or
(ii) after any shorter period the scheme manager considers appropriate; and
(b) immediately before that date, P’s partnership pension account is closed.
(2) If P opts into this scheme in relation to service for which P does not have a partnership pension account, P becomes an active member of this scheme in relation to that service—
(a) at the beginning of the first pay period beginning on or after the date on which the option is exercised; or
(b) if the scheme manager considers that pay period inappropriate, at any other time the scheme manager considers appropriate.
(1) This regulation applies if, on the automatic re-enrolment date, an eligible person in relation to service in a scheme employment is not in pensionable service under this scheme in relation to service in that employment.
(2) On the automatic re-enrolment date, the scheme manager must enrol P in this scheme in relation to service in that employment if the employer is required under section 5 (automatic re-enrolment) of the Pensions Act2008 to make arrangements for P to be an active member of a pension scheme.
(3) For the purpose of paragraph (2), the employer is required to make arrangements under that section even if—
(a) P has not reached the age of 22;
(b) P has reached normal pension age; or
(c) the earnings requirements under that section are not met.
(1) A person (P) opts out of this scheme in relation to service in a scheme employment if—
(a) P opts not to be an active member of this scheme in relation to that service; or
(b) P opts to join a partnership pension account in relation to that service.
(2) P may only exercise the option under paragraph (1)(a) or (b) by notice to the scheme manager in a form required by the scheme manager (“opt-out notice”).
(3) The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager.
(4) If P is subject to a transfer in relation to that service as a result of which P would be eligible to be (or continue to be eligible to be) a member of the scheme as a Fair Deal eligible person, the option ceases to have effect on the Fair Deal transfer date.
(1) This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in scheme employment—
(a) before the end of one month after P’s first day of a continuous period of service in scheme employment (or within any longer period the scheme manager considers appropriate); or
(b) before the end of one month after the automatic re-enrolment date (or within any longer period the scheme manager considers appropriate).
(2) If paragraph (1)(a) applies, P is taken never to have been in pensionable service under this scheme in relation to that continuous period of service in scheme employment.
(3) If paragraph (1)(b) applies, P is taken not to have been in pensionable service under this scheme in relation to that period of service during the period referred to in paragraph (1)(b).
(4) This regulation does not require the scheme manager to pay P any additional amount which becomes payable by P in respect of national insurance contributions because P has not after all been an active member of this scheme during any period.
(1) This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in scheme employment—
(a) one month or more after P’s first day of a continuous period of service in scheme employment; or
(b) one month or more after P’s automatic re-enrolment date.
(2) If P exercises the option under paragraph (1)(a) or (b), unless paragraph (3) applies P ceases to be in pensionable service under this scheme in relation to that continuous period of service in scheme employment—
(a) on the first day of the first pay period beginning on or after the date on which the option is exercised; or
(b) if the scheme manager considers that day inappropriate, on the first day of any later pay period the scheme manager considers appropriate.
(3) If P opts to join a partnership pension account, P ceases to be in pensionable service under this scheme in relation to that employment on the last day of the first pay period—
(a) after the period of two months beginning on the date on which the option is exercised; or
(b) after any shorter period the scheme manager considers appropriate.
(1) For the purpose of calculating a member’s pension or other benefits under this scheme, the member’s pensionable earnings for any period are the sum of—
(a) the member’s permanent pensionable earnings in respect of that period; and
(b) the member’s fluctuating pensionable earnings in respect of that period.
(2) The money value of any benefit in kind forms part of a member’s pensionable earnings if—
(a) the benefit is expressly provided on a pensionable basis; or
(b) the scheme manager determines the benefit forms part of the member’s permanent pensionable earnings or fluctuating pensionable earnings.
(3) If a benefit in kind is expressly provided on a pensionable basis, the scheme manager must determine whether the benefit forms part of the member’s permanent pensionable earnings or fluctuating pensionable earnings.
(4) In this regulation—
“benefit in kind” means anything other than money provided to a member of this scheme in connection with the member’s pensionable service;
“money value”, in relation to a benefit in kind, means—
an amount determined by the employer in accordance with the arrangement under which the benefit is provided; or
otherwise, an amount determined by the scheme manager;
“permanent pensionable earnings”, in respect of any period, means—
basic pay in respect of that period (not including pay received in respect of a period of sick leave on reduced pay at a rate determined by the member’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension.);
any allowance granted on a permanent basis that the scheme manager determines to be permanent pensionable earnings in respect of that period; and
the money value of any benefit in kind that the scheme manager determines to be permanent pensionable earnings in respect of that period;
“fluctuating pensionable earnings”, in respect of any period, means any of the following that the scheme manager determines to be fluctuating pensionable earnings in respect of that period—
any non-consolidated performance-related pay not forming part of basic pay;
any allowance not granted on a permanent basis; and
the money value of any benefit in kind.
(1) For the purpose of these Regulations, an active member of this scheme (P) receives assumed pay in respect of any period in which the circumstances in paragraph (3) apply (“period of assumed pay”).
(2) For the purpose of paragraph (1), “assumed pay” means the sum of—
(a) an amount equal to the pensionable earnings that P would have received in respect of that period if those circumstances had not applied; and
(b) any increase the scheme manager considers appropriate.
(3) The circumstances are—
(a) P is on sick leave on reduced pay;
(b) P is on ordinary adoption leave, ordinary maternity leave or paternity leave;
(c) P is receiving statutory pay whilst on additional adoption leave, additional maternity leave, shared parental pay or parental leave;
(d) P is on secondment to a different employer under an arrangement providing for P to continue to be an active member of this scheme in relation to P’s service although P is paid for it by that employer;
(e) P is on unpaid leave in circumstances that the scheme manager has agreed can count for the purpose of this paragraph;
(f) P is absent from duty because of being called out, or recalled, for permanent service in Her Majesty’s armed forces in pursuance of a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996;
(g) P is receiving pensionable earnings at a reduced rate in accordance with arrangements for members required by the scheme manager which apply where the members are entitled to—
(i) pension benefits under another occupational pension scheme; or
(ii) a payment under a compensation scheme; or
(h) P voluntarily surrenders pensionable earnings in whole or in part.
(4) For the purpose of paragraph (3)(a), a period of sick leave on reduced pay does not include a period of leave in respect of which P is paid at a rate determined by P’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension.
(5) Paragraph (3)(f) does not apply to any period of permanent service during which P is in pensionable service in—
(a) an existing scheme that relates to the armed forces or another scheme under section 1 of the Act that relates to the armed forces; or
(b) any other occupational pension scheme.
(1) A person (P) becomes a deferred member of this scheme in relation to a continuous period of pensionable service under this scheme (“the relevant service”) if paragraph (2) or (3) applies.
(2) This paragraph applies if—
(a) P ceases to be an active member of this scheme in relation to the relevant service before P reaches normal pension age under this scheme;
(b) P does not become a pensioner member of this scheme in relation to the relevant service; and
(c) P has at least 2 years’ qualifying service or a transfer payment otherwise than from another occupational pension scheme has been received by this scheme in relation to P.
(3) This paragraph applies if—
(a) P ceases to be an active member of this scheme in relation to the relevant service on or after P reaches normal pension age under this scheme; and
(b) P does not become a pensioner member of this scheme in relation to the relevant service.
(4) A person becomes a deferred member of this scheme in relation to an amount of accrued earned pension if the scheme manager so directs under regulation 78(2) (deferment of accrued earned pension attributable to a transfer payment).
(5) A person becomes a deferred member of this scheme in relation to an amount of added pension if —
(a) the circumstances in regulation 79(1) apply (deferment of added pension attributable to recent payments); or
(b) the person exercises the option under regulation 83 (option to defer payment of added pension).
For the purpose of these Regulations, the descriptions of accrued pension are—
(a) accrued standard earned pension;
(b) accrued earned pension attributable to an effective pension age option;
(c) accrued earned pension attributable to an enhanced effective pension age option;
(d) accrued club transfer earned pension;
(e) accrued added (all beneficiaries) pension; and
(f) accrued added (self only) pension.
For the purpose of these Regulations, the descriptions of full retirement pension are—
(a) full retirement standard earned pension;
(b) full retirement earned pension attributable to an effective pension age option;
(c) full retirement earned pension attributable to an enhanced effective pension age option;
(d) full retirement club transfer earned pension;
(e) full retirement added (self only) pension; and
(f) full retirement added (all beneficiaries) pension.
For the purpose of these Regulations, the descriptions of partial retirement pension are—
(a) partial retirement standard earned pension;
(b) partial retirement earned pension attributable to an effective pension age option;
(c) partial retirement earned pension attributable to an enhanced effective pension age option;
(d) partial retirement club transfer earned pension;
(e) partial retirement added (self only) pension; and
(f) partial retirement added (all beneficiaries) pension.
(1) Subject to regulation 32A, the retirement index adjustment for an amount of accrued pension is—
amount of accrued pension × retirement index percentage
where—
“amount of accrued pension” means an amount of any description of accrued pension; and
“retirement index percentage” means the retirement index percentage calculated under paragraph (2) for that description of accrued pension.
(2) The retirement index percentage is—
A
×
B
12
where—
A means—
for accrued club transfer earned pension, the in-service revaluation index that applies in relation to the sending scheme for the leaving year; and
for any other description of accrued pension, the in-service revaluation index that applies in relation to this scheme for the leaving year;
B is the number of complete months in the period between the beginning of the leaving year and the end of the relevant last day; and
“complete month” includes an incomplete month that consists of at least 16 days.
32A Modification of the retirement index adjustment
(1) Where this regulation applies, the retirement index adjustment must equal 0.
(2) This regulation applies where—
(a) the leaving year is the scheme year ending on 31st March 2016; and
(b) the retirement index adjustment would otherwise be less than 0.
(1) This regulation applies in relation to every scheme year in which an active member’s account is open that is subsequent to the scheme year in which the member reaches normal pension age under this scheme, other than—
(a) the scheme year in which the account is required to be established under this Part; and
(b) the scheme year immediately following that.
(2) If the member has exercised an effective pension age option or an enhanced effective pension age option then, for the years for which that option has effect, this regulation applies in relation to every scheme year in which an active member’s account is open that is subsequent to the scheme year in which the member reaches the member’s effective pension age or enhanced effective pension age, other than—
(a) the scheme year in which the account is established under this Part; and
(b) the scheme year immediately following that.
(3) At the beginning of the scheme year, for each description of pension, the scheme manager having regard to actuarial guidance must determine the age addition to be awarded for that scheme year by reference to the opening balance of that description of pension for the previous scheme year.
(4) In these Regulations, “the age addition” means an additional amount of pension determined by reference to the proportion of the previous scheme year for which a member had reached—
(a) normal pension age under this scheme; or
(b) where applicable, the member’s effective pension age or enhanced effective pension age.
(1) This regulation applies if a deferred member’s account, full retirement account or partial retirement account is established under this Part for a member who reaches normal pension age under this scheme at least one month before the relevant last day.
(2) For each description of accrued pension specified in the account, the scheme manager having regard to actuarial guidance must determine the assumed age addition to be awarded.
(3) In these Regulations “the assumed age addition” means—
(a) for an amount of accrued standard earned pension not attributable to a transferred pension, the age addition that would have been awarded for standard earned pension had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;
(b) for an amount of accrued standard earned pension attributable to a transferred pension or for an amount of club transfer earned pension, the age addition that would have been awarded for transferred pension or club transfer earned pension had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme;
(c) for an amount of accrued earned pension attributable to an effective pension age option or an enhanced effective pension age option, the age addition that would have been awarded for earned pension attributable to that option had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached the effective normal pension age or enhanced effective pension age stated in that option;
(d) for an amount of any description of accrued added pension, the age addition that would have been awarded for added pension of that description had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme.
35 Calculation of amount of accrued pension for purpose of deferment or full retirement
(1) For the purpose of calculating the amount of a description of full retirement pension or the provisional amount of each description of deferred pension, the amount of accrued pension is an amount calculated in accordance with this regulation.
(2) The amount of accrued club transfer earned pension is calculated separately in relation to each sending scheme.
(3) The amount of accrued standard earned pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—
(a) the sum of the opening balance of standard earned pension for the last active scheme year and the index adjustment for that opening balance;
(b) the amount of standard earned pension for the last active scheme year;
(c) the sum of the opening balance of transferred pension for the last active scheme year and the index adjustment for that opening balance; and
(d) the amount of transferred pension for the last active scheme year.
(4) The amount of accrued earned pension attributable to an effective pension age option or an enhanced effective pension age option is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—
(a) the sum of the opening balance of earned pension attributable to that option for the last active scheme year and the index adjustment for that opening balance; and
(b) the amount of earned pension attributable to that option for the last active scheme year.
(5) The amount of accrued club transfer earned pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—
(a) the sum of the opening balance of club transfer earned pension for the last active scheme year and the index adjustment for that opening balance; and
(b) the amount of club transfer earned pension for the last active scheme year.
(6) The amount of any description of accrued added pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—
(a) the sum of the opening balance of added pension of that description for the last active scheme year and the index adjustment for that opening balance; and
(b) the amount of accrued added pension of that description for the last active scheme year.