The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/602

2015No. 602

PUBLIC SERVICE PENSIONS

The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015

9thMarch2015

10thMarch2015

1stApril2015

The Minister for the Civil Service makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(a), 2(1) and 3(1), (2) and (3) of and Schedule 3 to the Public Service Pensions Act 2013( 1).

In accordance with section 21 of that Act, the Minister 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.

Citation and commencement

1.-(1) These Regulations may be cited as the Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2015.

(2) These Regulations come into force on 1st April 2015.

Amendments to the Public Service (Civil Servants and Others) Pensions Regulations 2014

2.-(1) The Public Service (Civil Servants and Others) Pensions Regulations 2014( 2) are amended as follows.

(2) In regulation 2, for the definition of "partnership pension account" substitute the following-

""partnership pension account", in relation to a person in service in a scheme employment, means a stakeholder pension scheme or a personal pension scheme-

(a) to which the person's employer is paying contributions;(b) to which the person's employer is not paying contributions because-(i) 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(ii) the period by which the person's reckonable 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; or(c) to which the person's employer is 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);".

(3) After regulation 182 insert-

"Ill-health benefits for persons who have a partnership pension account

183. Schedule 3 (which makes provision for ill-health benefits for persons who have a partnership pension account) has effect.

Death benefits in respect of persons who have a partnership pension account

184. Schedule 4 (which makes provision for death benefits in respect of persons who have a partnership pension account) has effect.".

(4) After Schedule 2 (transitional provisions) insert new Schedules 3 and 4 as set out in Schedules 1 and 2 to these Regulations.

Signed

Francis Maude

Minister for the Cabinet Office

Cabinet Office

9th March 2015

We consent

Mark Lancaster

David Evennett

Two of the Lords Commissioners of Her Majesty's Treasury

9th March 2015

SCHEDULE 1

Regulation 2

"SCHEDULE 3

Regulation 183

The Partnership Pension Account Ill-Health Benefits Arrangements

PART 1

Preliminary

Interpretation - general

1. In this Schedule-

"the 2002 Section" means Section I of the PCSPS;

"the 2007 Section" means Section III of the PCSPS;

"alpha" means the scheme established by regulation 3;

"eligible service" has the meaning given in paragraph 2;

"final pensionable earnings" has the meaning given in paragraph 3;

"ill-health benefits" in relation to a person means benefits payable in the event of the person's ill-health;

"incapacity for employment" has the meaning given in paragraph 4;

"partnership ill-health benefits arrangements" means the arrangements for payment of ill-health benefits set out in this Schedule or in the scheme made under section 1 of SA 1972 which provided for ill-health benefits for persons who have a partnership pension account;

"permanent breakdown in health" has the meaning given in paragraph 5; and

"qualifying partnership service" has the meaning given in paragraph 6.

Meaning of "eligible service"

2.

-(1) In this Schedule, "eligible service" in relation to a person to whom this Schedule applies (P) means the aggregate of the periods of service (expressed in years) referred to in sub-paragraph (2) which fall within P's current period of scheme employment to which sub-paragraph (3) applies.(2) The periods referred to in this sub-paragraph are-(a) any period of service during which P has a partnership pension account to which P's employer is paying contributions;(b) any period which counts as qualifying service under the 2002 Section or the 2007 Section which is qualifying partnership service in relation to P; and(c) any period during which P is in pensionable service under alpha which is qualifying partnership service in relation to P.(3) This sub-paragraph applies to a period of service in scheme employment in respect of which P-(a) receives pensionable earnings; or(b) is treated as receiving assumed pay.(4) If a person (P) to whom this Schedule applies is in part-time service at any time during the periods referred to in sub-paragraph (2), the eligible service in respect of the period during which P is in part-time service is-

where-

A is the number of hours of P's part-time service in the period in question (excluding meal breaks, unless they are paid for part-time staff); and

N is the number of weekly full-time conditioned hours in the period in question for a person in the same grade as P (excluding meal breaks unless they are paid for part-time staff).

(5) If the number of weekly full-time conditioned hours varies during the period in question, the calculation in sub-paragraph (4) must be made separately for each period within the period of part-time service in question during which that number remains the same.

Meaning of "final pensionable earnings"

3.

-(1) In this Schedule, "final pensionable earnings" in relation to a person (P) to whom this Schedule applies means the greater of-(a) P's permanent pensionable earnings in the 12 months ending on the last day of P's eligible service; and(b) P's permanent pensionable earnings in one of the last two complete scheme years ending on or before the last day on which P was in scheme employment.(2) This sub-paragraph applies where-(a) P's last day of eligible...

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