The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023
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3 Chapter 1 schemes: effect of extinguishment and creation of voluntary contributions rights
(1) This regulation applies where, as a result of scheme regulations made by virtue of section 20 of PSPJOA 2022 (voluntary contributions) in respect of an arrangement under a Chapter 1 new scheme, rights (“old rights”) in respect of an arrangement under that scheme to additional benefits, or to the earlier payment of benefits, that would otherwise have been secured by the payment of voluntary contributions in respect of an individual, are extinguished. (2) For the purposes of determining the pension input amount of the individual in respect of the arrangement under the Chapter 1 new scheme for the pension input period in which the old rights are extinguished, the individual is to be treated as if those rights had not been extinguished. (3) Paragraphs (4) and (5) apply where, in connection with the extinguishment of the old rights, and as a result of scheme regulations made by virtue of section 20 of PSPJOA 2022, rights (“new rights”) are created in respect of an arrangement under the relevant Chapter 1 legacy scheme which represent either— (a) rights of an equivalent value to the extinguished old rights, or (b) rights that would have been secured under that scheme if the voluntary contributions had been paid to that scheme in respect of that individual. (4) For the purposes of determining the pension input amount of the individual for the replacement pension input period in respect of the arrangement under the relevant Chapter 1 legacy scheme, the new rights are to be ignored to the extent that they relate to voluntary contributions that were paid with the purpose of securing additional benefits. (5) For the purposes of determining, in respect of an individual who is a deferred member of the relevant Chapter 1 legacy scheme, whether the value of their relevant rights under the arrangement under that scheme has increased during a pension input period— (a) for the replacement pension input period or any subsequent pension input period, any new rights are to be ignored to the extent that they relate to voluntary contributions paid to the Chapter 1 new scheme during the period of remediable service for the purpose of securing additional benefits, and (b) for any pension input period after the replacement pension input period, any new rights are to be ignored to the extent that they relate to voluntary contributions paid to the Chapter 1 new scheme during the period of remediable service for the purpose of securing the earlier payment of benefits. (6) In this regulation, “replacement pension input period” means the pension input period in which any new rights are conferred.
3 Chapter 1 schemes: effect of extinguishment and creation of voluntary contributions rights
(1) This regulation applies where, as a result of scheme regulations made by virtue of section 20 of PSPJOA 2022 (voluntary contributions) in respect of an arrangement under a Chapter 1 new scheme, rights (“old rights”) in respect of an arrangement under that scheme to additional benefits, or to the earlier payment of benefits, that would otherwise have been secured by the payment of voluntary contributions in respect of an individual, are extinguished. (2) For the purposes of determining the pension input amount of the individual in respect of the arrangement under the Chapter 1 new scheme for the pension input period in which the old rights are extinguished, the individual is to be treated as if those rights had not been extinguished. (3) Paragraphs (4) and (5) apply where, in connection with the extinguishment of the old rights, and as a result of scheme regulations made by virtue of section 20 of PSPJOA 2022, rights (“new rights”) are created in respect of an arrangement under the relevant Chapter 1 legacy scheme which represent either— (a) rights of an equivalent value to the extinguished old rights, or (b) rights that would have been secured under that scheme if the voluntary contributions had been paid to that scheme in respect of that individual. (4) For the purposes of determining the pension input amount of the individual for the replacement pension input period in respect of the arrangement under the relevant Chapter 1 legacy scheme, the new rights are to be ignored to the extent that they relate to voluntary contributions that were paid with the purpose of securing additional benefits. (5) For the purposes of determining, in respect of an individual who is a deferred member of the relevant Chapter 1 legacy scheme, whether the value of their relevant rights under the arrangement under that scheme has increased during a pension input period— (a) for the replacement pension input period or any subsequent pension input period, any new rights are to be ignored to the extent that they relate to voluntary contributions paid to the Chapter 1 new scheme during the period of remediable service for the purpose of securing additional benefits, and (b) for any pension input period after the replacement pension input period, any new rights are to be ignored to the extent that they relate to voluntary contributions paid to the Chapter 1 new scheme during the period of remediable service for the purpose of securing the earlier payment of benefits. (6) In this regulation, “replacement pension input period” means the pension input period in which any new rights are conferred.
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