New Clause 3 - Meaning of “remediable service”

Public Service Pensions and Judicial Offices Bill [Lords] – in a Public Bill Committee am 2:15 pm ar 27 Ionawr 2022.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) For the purposes of this Chapter any continuous period of service of a person in an employment or office is “remediable service” in that employment or office if the following four conditions are met.

(2) In this section “the service in question” means the service mentioned in subsection (1).

(3) The first condition is that the service in question takes place in the period—

(a) beginning with the day after the closing date, and

(b) ending with 31 March 2022 or, if earlier, the person’s legacy scheme normal pension age.

(4) The second condition is that the service in question is pensionable service under a local government new scheme (including where the service is excess teacher service that is so pensionable by virtue of section 2(1)).

(5) The third condition is that the person was, on 31 March 2012 or any earlier day, in pensionable service under—

(a) a Chapter 1 legacy scheme (within the meaning of Chapter 1),

(b) a judicial legacy scheme (within the meaning of Chapter 2), or

(c) a local government legacy scheme.

(6) The fourth condition is that there is no disqualifying gap in service falling within the period—

(a) beginning with the day after the most recent day in relation to which the third condition is met, and

(b) ending with the day before the first day of the service in question.

(7) In subsection (3)—

“the closing date” means—

(a) 31 March 2014 in relation to service which is pensionable service under regulations under section 7 of SA 1972 which relate to persons in England and Wales;

(b) 31 March 2015 in relation to service which is pensionable service under any other local government new scheme;

“legacy scheme normal pension age” means the person’s normal pension age under the pension scheme in relation to which the third condition is met.

(8) In subsection (6) “disqualifying gap in service” means a period longer than 5 years at no time during which is the person in service in an employment or office which—

(a) is pensionable service under—

(i) a Chapter 1 scheme (within the meaning of Chapter 1),

(ii) a judicial scheme (within the meaning of Chapter 2), or

(iii) a local government scheme,

(b) is, as a result of a Fair Deal transfer, pensionable service under a Fair Deal scheme, or

(c) is, as a result of a local government contracting-out transfer, pensionable service under a pension scheme that offers pension arrangements that are broadly comparable with those offered to the person before the transfer.”—

This new clause replaces clause 77 and refines the “remediable service” definition. Amongst other things, it ensures that the Chapter 3 remedy is available for persons in pensionable service under a legacy scheme on or before 31 March 2012 and those transferred to the private sector under certain arrangements.

Brought up, read the First and Second time, and added to the Bill.