Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 2: Remediable service treated as pensionable under Chapter 1 legacy schemes
Section 2(1) provides that where a person has a period of remediable service under a Chapter 1 new scheme that service is to be retrospectively treated as pensionable service under the relevant Chapter 1 legacy scheme (of which they would have been entitled to be a member in the period 1 April 2015 to 31 March 2022 but for age discrimination). The person is retrospectively treated as never having had pensionable service under the Chapter 1 new scheme. This is the core retrospective provision that ensures that a person with remediable service is returned with retrospective effect to the pension scheme in which they would have been, but for the discrimination.
	Section 2(2) clarifies that where a person has separate pension entitlements in relation to different employments, they will also have separate periods of remediable service. For example, this could be someone who has been a member of both an NHS and Civil Service pension scheme simultaneously on account of having two part-time jobs and therefore essentially has two sets of "remediable service". However, section 38(2) sets out that where a member has service in multiple employments or offices and that service is aggregated for pension purposes, that service should be treated as a single employment or office.
	Section 2(3) provides that where section 2(1) applies, it has effect for all purposes, unless the Act explicitly provides otherwise (such as under section 2(4)); be that determining which pension benefits were or are payable or determining to which pension rights members were or are entitled for the purposes of assessing whether any tax charge is due.
	Section 2(4) provides an exception to the effect of section 2(1); that a member or employer liability to pay contributions is unchanged where a person is treated as having been a member of a legacy scheme under section 2(1). This means that contributions liabilities of members or employers are not affected by the retrospective provision made by section 2(1). For members who had remediable service in the new scheme prior to section 2(1) coming into force, this exception means that employee and employer contributions liabilities remain in the new scheme; this helps to avoid complex tax implications for members and schemes that would occur if the retrospective effect of section 2(1) applied to contributions liabilities. Further provision is made later in the Act (section 15 to 17) to correct any (notional) overpayment or underpayment of contributions the member has made compared to the amounts they would have paid, had they always been in the relevant scheme and had their contributions liabilities arisen in the relevant scheme instead.
	Section 2(5) provides that any benefits that a member has in a Chapter 1 new scheme that relate to additional voluntary contributions made by the member or to a transfer into that scheme from another pension scheme, are not affected by section 2(1). The Act makes provision in respect of these matters at sections 20 and 21.
	Section 2(6) refers to further provision that is made later in the Act to modify the application of section 2(3)(b) in respect of pensioner and deceased members. The policy objective is to ensure that changes to pension entitlement are not made until the member or their beneficiaries have had the opportunity to elect to instead receive new scheme benefits in relation to the member’s remediable service.