Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024

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Amendment of Public Service Pensions (Single Scheme and Other Provisions) Act 2012

31. The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 is amended—

(a) in section 5(1), by the insertion of the following definition:

“ ‘specified fast accrual member’ means a person to whom section 26(1) applies who—

(a) immediately before the date of coming into operation of section 31 of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024, is in a pensionable position that requires the person to retire upon attaining the age of 60 years or before that age, or

(b) becomes a pensionable public servant on or after the date referred to in paragraph (a);”,

(b) in section 13(4)(b), by the substitution of “or where a higher age is specified by regulations under section 158 (1)(ba) of the Local Government Act 2001 , that age” for “or, subject to medical examination or examinations, 58 years”,

(c) in section 16, in column 1 of the Table to subsection (3)—

(i) by the substitution of “Persons to whom section 19 refers and specified fast accrual members who have attained the age of 60 years” for “Persons to whom section 19 refers”, and

(ii) by the substitution of “Persons to whom section 26 refers and specified fast accrual members to whom that section refers who have not attained the age of 60 years” for “Persons to whom section 26 refers”,

and

(d) in section 26(5)—

(i) by the substitution of the following definition for the definition of “referable amounts in respect of each calendar year or part of a calendar year”:

“ ‘referable amounts in respect of each calendar year or part of a calendar year’, in relation to a calendar year or part of a calendar year of service, means—

(a) in respect of a member to whom subsection (1) applies who is not a specified fast accrual member—

(i) for the purpose of the calculation of an annual pension, an amount calculated at a rate of—

(I) 0.58 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies that is less than or equal to 3.74 times the value of the contributory State Pension at that time, as adjusted, when not working on a full-time basis, by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis, and

(II) 1.43 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies that is greater than 3.74 times the value of the contributory State Pension at that time, as adjusted, when not working on a full-time basis, by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis,

and

(ii) for the purpose of the calculation of the lump sum payment, an amount calculated at a rate of 4.29 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies, adjusted by reference to the proportion of full-time hours worked by the person where not working on a full-time basis,

and as adjusted thereafter, until payment of the pension and lump sum arises in accordance with this Part, by reference to such adjustments as may arise as provided for in section 40, and

(b) in respect of a member to whom subsection (1) applies who is a specified fast accrual member—

(i) for the purpose of the calculation of an annual pension, an amount calculated at a rate of—

(I) 0.58 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies that is less than or equal to 3.74 times the value of the contributory State Pension at that time, as adjusted, when not working on a full-time basis, by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis,

(II) during which period the member has not attained the age of 60 years, 1.43 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies that is greater than 3.74 times the value of the contributory State Pension at that time, as adjusted, when not working on a full-time basis, by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis, and

(III) during which period the member is aged 60 years or above, 1.25 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies that is greater than 3.74 times the value of the contributory State Pension at that time, as adjusted, when not working on a full-time basis, by reference to the proportion that the number of hours worked bears to the number of hours that would have been worked if working on a full-time basis,

and

(ii) for the purpose of the calculation of the lump sum payment, an amount calculated at a rate of—

(I) during which period the member has not attained the age of 60 years, 4.29 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies, adjusted by reference to the proportion of full-time hours worked by the person where not working on a full-time basis, and

(II) during which period the member is aged 60 years or above, 3.75 per cent of the Scheme member’s pensionable remuneration for that year or part of a year as a Scheme member to whom subsection (1) applies, adjusted by reference to the proportion of full-time hours worked by the person where not working on a full-time basis,

and as adjusted thereafter, until payment of the pension and lump sum arises in accordance with this Part, by reference to such adjustments as may arise as provided for in section 40;”,

and

(ii) by the substitution of the following definition for the definition of “specified fire brigade employee”:

“ ‘specified fire brigade employee’ has the same meaning as it has in the Public Service Superannuation (Miscellaneous Provisions) Act 2004 .”.