The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations (Northern Ireland) 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014 ( S.R. 2014/290 ) (“ the 2014 Regulations ”) and the Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023 ( S.R. 2023/141 ) (“ the 2023 Regulations ”).

The Public Service Pensions Act (Northern Ireland) 2014 (c. 2) (“PSPA(NI) 2014”) makes provision, and confers powers to make further provision (in the form of “ scheme regulations ” as defined in section 1 of PSPA(NI) 2014), about the establishment of public service pension schemes. The 2014 Regulations are the scheme regulations establishing alpha, the successor civil service pension scheme to the Principal Civil Service Pension Scheme (Northern Ireland) (“the PCSPS(NI)”). They provided for transitional protection for certain cohorts of PCSPS(NI) members. This transitional protection was subsequently found to unlawfully discriminate between civil service pension scheme members on the basis of age.

The Public Service Pensions and Judicial Offices Act 2022 (c.7) (“PSPJOA 2022”), at Chapter 1, makes provision, and confers powers for scheme regulations under PSPA(NI) 2014 to make further provision, in relation to specified service (“ remediable service ” as defined in section 1 of PSPJOA 2022) of members who benefited from transitional protection, and of members who did not benefit from transitional protection only by reason of their age. Section 27 of PSPJOA 2022 requires certain powers to make scheme regulations to be exercised in accordance with Treasury directions.

These Regulations are scheme regulations under PSPA(NI) 2014 and in accordance with PSPJOA 2022 in relation to a member’s remediable service in the PCSPS(NI) and alpha. They are, to the extent required by section 27 of PSPJOA 2022, made in accordance with Treasury directions under that section (in the form of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023). These Regulations have retrospective effect, which is authorised by section 3(3)(b) of PSPA(NI) 2014.

Part 2 of these Regulations makes provision amending the 2014 Regulations. All members who applied successfully for ill-health retirement before 31st March 2022 and had their application determined after that date will receive the higher of the PCSPS(NI) and alpha annual ill-health pension rates. Currently this only applies in relation to members who received full transitional protection.

Part 3 of the Regulations makes amendments to the 2023 Regulations.

Regulations 4 makes provisions clarifying the circumstances in which the scheme manager may treat as void a remediable service statement that is materially inaccurate or incomplete.

Regulation 5 makes minor clarificatory amendments to definitions concerning divorce and dissolution provisions.

Regulation 6 makes provision concerning when a choice can be made to receive compensation in relation to a member’s EPA rights relating to their remediable service. Where compensation is chosen, those EPA rights are extinguished.

Regulation 7 makes clarificatory provision concerning transfers.

Regulations 8 and 9 make provision for special cases. This includes provision enabling decision-makers to choose that members’ remediable service be treated as if, but for the discriminatory transitional protection, the member would have decided to apply for ill-health retirement or to opt out of civil service pensions arrangements for a period.

An impact assessment has not been completed for these Regulations. An equality screening has been carried out for these Regulations, and no equality issues were identified. An explanatory Memorandum has been published alongside these Regulations on http://www.legislation.gov.uk .