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http://www.legislation.gov.uk/uksi/2023/113/regulation/6The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023enINCOME TAXCAPITAL GAINS TAXINHERITANCE TAXStatute Law Database2024-03-25Expert Participation2023-09-14 These 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. PART 2Modifications of Part 4 of the Finance Act 2004CHAPTER 2Annual allowanceAnnual provision of information by scheme administrator to member 6 Regulation 14A of RPS(PI)R 2006 (annual allowance: annual provision of information by scheme administrator to member) has effect as if— a in paragraph (4), after “(5)” there were inserted “, (5A)”; b after paragraph (5) there were inserted— 5A Paragraph (5B) applies where— a the relevant tax year is 2022-2023, b the registered pension scheme is a Chapter 1 scheme, and c the member has any remediable service in any earlier tax year. 5B The scheme administrator must provide the member with the pension savings statement for that tax year no later than the rectification deadline. ; c after paragraph (6) there were inserted— 6ZA Paragraph (6ZC) applies where— a an individual is a member of a Chapter 1 scheme or a judicial scheme, b the aggregate of the member’s pension input amounts for a pension input period changes as a result of the operation of a relevant rectification provision, and c either— i the conditions in paragraph (1)(a) and (b) are met in relation to the member and the pension input period, or ii the member has already been provided with a pension savings statement for the tax year in which the pension input period ends. 6ZB Paragraph (6ZC) also applies where— a an individual is a member of a local government new scheme, b the member has already been provided with a pension savings statement for the tax year in which the pension input period ends, and c the pension input amount shown on that pension savings statement is incorrect because the aggregate of the individual’s pension input amounts for a pension input period has changed as a result of the operation of regulation 14(1) of the Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023. 6ZC The scheme administrator— a is not required to amend, so as to reflect the change, any pension savings statement previously provided under paragraph (1) relating to the member and the pension input period; b must, no later than the rectification deadline, provide the individual with a statement (a “pension savings statement”) containing the information specified in paragraph (2) (whether or not the individual has previously been provided under paragraph (1) with a statement relating to the pension input period). 6ZD Subject to paragraph (6ZE), “the rectification deadline”, in relation to a member of a Chapter 1 scheme, a judicial scheme or a local government new scheme, is 6th October 2024. 6ZE Where the Chapter 1 scheme is a Chapter 1 legacy scheme and the member is a pensioner or deceased member, “the rectification deadline” is the later of 6th October 2024 and the end of the period of six months beginning with— a the date on which an election under section 6 of PSPJOA 2022 is made in respect of the member, or b where no such election is made, the end of the section 6 election period. 6ZF For the purposes of paragraph (6ZE) the member is a “pensioner or deceased member” if an election under section 6 of PSPJOA 2022 (immediate choice to receive new scheme benefits) has been made, or is capable of being made, in respect of them. 6ZG In this regulation and regulation 14B— “Chapter 1 legacy scheme” has the same meaning as in Chapter 1 of Part 1 of PSPJOA 2022; “Chapter 1 scheme” has the same meaning as in Chapter 1 of Part 1 of PSPJOA 2022; “judicial scheme” has the same meaning as in Chapter 2 of Part 1 of PSPJOA 2022; “local government new scheme” has the same meaning as in Chapter 3 of Part 1 of PSPJOA 2022; “PSPJOA 2022” means the Public Service and Judicial Offices Act 2022; “the rectification deadline” has the meaning given in paragraphs (6ZD) to (6ZF); “relevant rectification provision” means any of the following provisions of PSPJOA 2022— section 2(1) of PSPJOA 2022 (roll-back of remediable service to Chapter 1 legacy scheme); section 6(5) of PSPJOA 2022 (effect of making new scheme benefits election in respect of pensioner or deceased member of Chapter 1 legacy scheme); section 45(2) of PSPJOA 2022 (effect of making 2015 scheme election in respect of person with remediable service in judicial office); “remediable service” has the same meaning as in Chapter 1 of Part 1 of PSPJOA 2022; “section 6 election period” has the same meaning as in Chapter 1 of Part 1 of PSPJOA 2022. . Regulation 14A was inserted by S.I. 2011/1797 and was amended by paragraph 88 of Schedule 1 to the Taxation of Pensions Act 2014, S.I. 2016/308, S.I. 2017/11, S.I. 2018/5 and S.I. 2022/392. Reg. 6 in force at 6.4.2023, see reg. 1(2)