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Link to original content: http://www.legislation.gov.uk/uksi/2023/113/contents/data.akn

2022 c. 3. In these footnotes, FA followed by a year refers to the Finance Act of that year and F(No. 2)A followed by a year means the Finance (No. 2) Act of that year.

http://www.legislation.gov.uk/uksi/2023/113/contentsThe Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023enINCOME TAXCAPITAL GAINS TAXINHERITANCE TAXStatute Law Database2024-03-25Expert Participation2023-09-14These Regulations make modifications for the purposes of applying the correct tax treatment to public service pension schemes which are affected by the rectification of discrimination provisions contained in the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“PSPJOA 2022”). Modifications are made to enactments in their application in relation to a relevant person under the authority of section 11(2) and (3) of the Finance Act 2022 (c. 3). Authority for the retrospective effect of certain modifications made by these Regulations is provided for by section 11(4)(a) of the Finance Act 2022.The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023PART 1Introductory1Citation, commencement and effect2InterpretationPART 2Modifications of Part 4 of the Finance Act 2004CHAPTER 1Contributions3Tax relief on pension contributions paid to Chapter 1 new scheme unaffectedCHAPTER 2Annual allowance4Adjusted income and threshold income calculated on basis of legacy scheme contributions5Provision of information by scheme administrators to the Commissioners6Annual provision of information by scheme administrator to member7Provision of information by scheme administrator to member on request8Chapter 1 schemes and judicial 2015 schemes: operation of scheme pays for remedy years9Chapter 1 schemes: operation of scheme pays for 2022-2310Chapter 1 schemes: scheme pays treated as operated by legacy schemes11Chapter 1 schemes: administrative provisions relating to scheme pays12Chapter 1 legacy schemes: effect of new scheme benefits election in first pension input period13Chapter 1 legacy schemes: effect of new scheme benefits election in later pension input periods14Local government new schemes: final salary uplifts ignored in calculating pension input amount15Judicial schemes and local government schemes: administrative provisions relating to scheme paysCHAPTER 3Benefits16Protected pension age in Chapter 1 legacy scheme unaffected by new scheme benefits election17Protected pension age in Chapter 1 new scheme unaffected by roll-back18Pension commencement lump sum: additional lump sum paid to member19Trivial commutation lump sum: lump sum already paid20Trivial commutation lump sum: additional lump sum paid to member21Serious ill-health lump sum already paid: status unaffected22Serious ill-health lump sum: additional lump sum paid to member23Scheme pension: additional scheme pension paid in respect of deceased member24Pension commencement lump sum: additional lump sum paid for deceased member25Trivial commutation lump sum: additional lump sum paid for deceased member26Serious ill-health lump sum: additional lump sum paid for deceased member27Recovery of underpaid lifetime allowance charge by reduction of scheme pension28Scheme pension already paid: status of overpaid amount unaffected29Pension commencement lump sum already paid: status of overpaid amount unaffected30Pension commencement lump sum already paid: repayment of overpaid amount31Top-up defined benefits lump sum death benefit treated in same way as original paymentCHAPTER 4Lifetime allowance charge32Charges paid by Chapter 1 new schemes treated as paid by Chapter 1 legacy schemes33Reporting and payment by public service scheme of charges affected by rectification34Application required by schemes to reclaim overpayment resulting from rectification35Public service schemes not permitted to apply for discharge of increased charge36Public service scheme to be liable where private sector scheme dischargedCHAPTER 5Individual protection 201637Election for new scheme benefits under Chapter 1 scheme taken into account38Final salary benefits under local government new scheme taken into account39Deadline for provision of information by schemes disappliedCHAPTER 6Fixed protection 201640Increase in rights as a result of new scheme benefits election ignored41Final salary uplift under local government scheme ignored42Transfers from PPA in accordance with PSPJOA 2022 ignoredCHAPTER 7Transfers43Transfers from PPA in accordance with PSPJOA 2022 treated as recognised transfersPART 3Modifications of Schedule 15 to FA 202044Tax relief for compensation payments

2023 No. 113

Income TaxCapital Gains TaxInheritance Tax

The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023

Made2nd February 2023

Laid before the House of Commons6th February 2023

Coming into force6th April 2023

The Treasury make these Regulations in exercise of the powers conferred by section 11 of the Finance Act 2022.