The Civil Service (Other Crown Servants) Pension Scheme (Remediable Service) Regulations 2023

The Public Service Pensions Act 2013 (c. 25) (“PSPA 2013”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA 2013), about the establishment of public service pension schemes. The Civil Service (Other Crown Servants) Pension Scheme Regulations 2016 (S.I. 2016/326) (“the 2016 Regulations”) establishes a scheme by analogy to the Public Service (Civil Servants and Others) Pensions Regulations 2014 (S.I. 2014/1964) (“the 2014 Regulations”) with some modifications. The 2014 Regulations provided for transitional protection for certain cohorts of members of predecessor schemes, and this transitional protection was mirrored in the by-analogy scheme established by the 2016 Regulations. The transitional protection was subsequently found to unlawfully discriminate between pension scheme members on the basis of age.