UK Statutory Instrument 2023 United Kingdom

The National Health Service Pension Schemes (Remediable Service) Regulations 2023

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At a glance

Enforced by

UK Government

What's here

30 compliance obligations, 1 practical guide

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

Any Person 16
Employer 2
Director or Officer 1

Plus 11 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Mentioned in related content

1 guides

Environmental obligations for retailers

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 749 other Acts (top 5 shown)

Human Medicines Regulations 2012 2012 110 duties
Licensing Act 2003 2003 105 duties
Merchant Shipping Act 1995 1995 97 duties
Road Traffic Act 1988 1988 95 duties
Air Navigation Order 2016 2016 86 duties

Employers also bound by 171 other Acts (top 5 shown)

Provision and Use of Work Equipment Regulations 1998 1998 204 duties
The Income Tax (Pay As You Earn) Regulations 2003 2003 201 duties
Electricity at Work Regulations 1989 1989 55 duties
Fire Safety (Scotland) Regulations 2006 2006 51 duties
TULRCA 1992 1992 47 duties

Directors and Officers also bound by 224 other Acts (top 5 shown)

Insolvency (England and Wales) Rules 2016 2016 75 duties
Companies Act 2006 2006 63 duties
Insolvency Act 1986 1986 46 duties
CCBSA 2014 2014 22 duties
CAICEA 2004 2004 18 duties

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — General provisions

Browse 2 other sections in this Part — procedural / definitional / commencement

s.001

Citation, commencement and extent

s.002

Interpretation

Part 2 — Remediable service

s.006

Remediable service statements

Provide remediable service statements to eligible members Any Person

Other duties (1) — Crown / regulator

NHS Pension Scheme Manager must provide remediable service statements Statutory regulator

Browse 3 other sections in this Part — procedural / definitional / commencement

s.003

Part 3 — Elections

Browse 7 other sections in this Part — procedural / definitional / commencement

s.007

Part 4 — Voluntary contributions

Browse 11 other sections in this Part — procedural / definitional / commencement

s.014

Interpretation of Part 4

s.015

Elections to pay contributions for additional pension: where they must be treated as if paid under a corresponding option exercised under the 1995 Regulations or the 2008 Regulations

s.016

Treatment of contributions paid after 31st March 2022 under a corresponding option exercised in accordance with regulation 15(2)(b)

s.017

Treatment of a corresponding option exercised in accordance with regulation 15 on the making of a deferred choice election for 2015 scheme benefits under regulation 12

s.018

Part 5 — Divorce or the dissolution of a civil partnership

Browse 12 other sections in this Part — procedural / definitional / commencement

s.025

Interpretation of Part 5

s.026

Pension debits: valuation of pension benefits before 1st October 2023: deferred choice members (immediate alternative debit of appropriate amount)

s.027

Pension debits: valuation of pension benefits before 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members and deceased members

s.028

Pension debits: valuation of pension benefits before 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members and deceased members

s.029

Pension debits: deferred choice election for 2015 scheme benefits: deferred choice members

s.030

Valuation of pension benefits on or after 1st October 2023

s.031

Pension debits: valuation of pension benefits on or after 1st October 2023: immediate choice election for 2015 scheme benefits: immediate choice members

s.032

Pension debits: valuation of pension benefits on or after 1st October 2023: no immediate choice election for 2015 scheme benefits: immediate choice members

s.033

Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme only or the 2015 scheme only

s.034

Pension credits: valuation of pension benefits before 1st October 2023: pension credit adjustment: remediable service shareable rights under the legacy scheme and the 2015 scheme

s.035

Pension credits: pensioner and deceased relevant pension credit members

s.036

Pension credits: valuation of pension benefits on or after 1st October 2023: creation of a pension credit

Part 6 — Transfers

s.043

Transferred out remediable service statements

Provide transferred out remediable service statements Any Person
Scheme manager must provide statements for transferred-out pension rights Employer

s.045

Remediable transfer value payments made on or after 1st October 2023 that are not made under public sector transfer arrangements

Calculate transfer value for remediable rights payments Any Person
Scheme manager must calculate and pay the higher remediable transfer value Any Person

s.046

Transfers of remediable rights in the legacy scheme to the 2015 scheme before 1st October 2023

Re‑calculate legacy scheme cash equivalents and adjust 2015 scheme rights Any Person

Other duties (1) — Crown / regulator

Scheme manager must recalculate and uplift transferred pension rights Statutory regulator

s.047

Transfers of remediable rights in the legacy scheme to the 2015 scheme on or after 1st October 2023

Other duties (1) — Crown / regulator

Scheme manager must calculate the best transfer value for remediable rights Statutory regulator

s.048

Remediable transfer value payments accepted from other public service schemes but not accepted under the public sector transfer arrangements

Calculate member benefits when receiving a remediable transfer value Any Person

Other duties (1) — Crown / regulator

Scheme manager must determine pension transfer values for remediable service Statutory regulator

s.049

Remediable club transfer value payments made before 1st October 2023

Scheme manager must recalculate and adjust past pension transfer values Director or Officer
Re‑calculate and report remediable transfer values and pay any shortfall Any Person

s.050

Remediable club transfer value payments made on or after 1st October 2023

Scheme manager must calculate and provide remediable transfer value payments Any Person
Calculate and send club transfer value details to receiving scheme Any Person

s.052

Remediable club transfer value payments accepted on or after 1st October 2023

Calculate remediable benefits after club transfer payments Any Person

Other duties (1) — Crown / regulator

Scheme manager must calculate pension transfer values for affected members Statutory regulator

s.055

Varying the value of benefits secured by virtue of transferred in remediable rights

Adjust transferred benefits to match equivalent scheme values Employer

Other duties (1) — Crown / regulator

Scheme manager must adjust pension benefit values for remediable transfers Statutory regulator

Browse 11 other sections in this Part — procedural / definitional / commencement

s.037

Interpretation of Part 6

s.038

Treatment of transfer and transfer value payments made to the 1995 Section or the 2008 Section that are not made under public sector transfer arrangements

s.039

Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as transfer payments under the 1995 Section or transfer value payments under the 2008 Section: deferred choice members

s.040

Transfer value payments in accordance with regulation 39: variation of the member’s rights on the making of a deferred choice election

s.041

Transfer value payments made to the 2015 scheme that are not made under public sector transfer arrangements: treatment as if accepted under the legacy scheme: immediate choice members and deceased members

s.042

Treatment of transfer and transfer value payments and statements accepted from other and corresponding health service schemes

s.044

Part 7 — Taxation

s.060

Scheme pays

Pay members’ annual allowance charge on request Any Person

Other duties (1) — Crown / regulator

NHS Pension Scheme administrator must provide information and pay tax charges Statutory regulator

Browse 3 other sections in this Part — procedural / definitional / commencement

s.057

Part 8 — Compensation

s.062

Indirect compensation

Other duties (1) — Crown / regulator

Scheme manager must increase pension benefits to compensate for tax losses Statutory regulator

Browse 1 other section in this Part — procedural / definitional / commencement

s.061

Applications for compensation or indirect compensation

Part 9 — Interest and the payment, reduction or waiver of liabilities

s.064

Interest and process

Calculate and apply interest on amounts owed under the plastic‑plates scheme Any Person

Other duties (1) — Crown / regulator

Scheme manager must calculate interest on pension corrections Statutory regulator

s.065

Interest not payable under the 1995 Regulations or the 2008 Regulations

Do not calculate interest on legacy scheme payments Any Person

Other duties (1) — Crown / regulator

Scheme manager must exclude specific interest payments from legacy schemes Statutory regulator

s.067

Payments of amounts owed to the scheme

Pay any net liability you owe to the legacy scheme Any Person
Pay net liabilities owed to the NHS pension scheme Any Person

s.068

Payments of amounts owed to a person

Pay net liability to claimants promptly Any Person

Other duties (1) — Crown / regulator

Scheme manager must pay net liabilities to pension members Statutory regulator

Browse 3 other sections in this Part — procedural / definitional / commencement

s.063

Part 10 — Immediate detriment remedy

Browse 1 other section in this Part — procedural / definitional / commencement

s.070

Immediate detriment

Part 11 — Revocation of election to convert pensionable service under the legacy scheme

Browse 1 other section in this Part — procedural / definitional / commencement

s.071

Option to revoke election to convert pensionable service under the legacy scheme

Part 12 — Retirement pensions

Browse 6 other sections in this Part — procedural / definitional / commencement

s.072

Part 13 — Consequential amendments

Browse 1 other section in this Part — procedural / definitional / commencement

s.078

Consequential amendments of the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations

Read the full Act on legislation.gov.uk

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

UK Government

UK Government (Cross-Departmental)

Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …

At a glance

Who this Act binds

Relevant guidance

Mentioned in related content

Other Acts binding the same actors

What this Act requires

Part 1 — General provisions

Part 2 — Remediable service

Part 3 — Elections

Part 4 — Voluntary contributions

Part 5 — Divorce or the dissolution of a civil partnership

Part 6 — Transfers

Part 7 — Taxation

Part 8 — Compensation

Part 9 — Interest and the payment, reduction or waiver of liabilities

Part 10 — Immediate detriment remedy

Part 11 — Revocation of election to convert pensionable service under the legacy scheme

Part 12 — Retirement pensions

Part 13 — Consequential amendments

Enforcement and responsible bodies

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