Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 1: Meaning of "remediable service"
This Section identifies periods of service that will be subject to the remedy to address the discrimination identified by the Court of Appeal. This section underpins the treatment of all members with affected pensionable service, whether they are active, deferred, a pensioner member or deceased. Sections 1(3) to 1(6) set out four conditions that must be satisfied:
that the service relates to a period when the discrimination arose;
that the member was eligible for transitional protection or would have been eligible for transitional protection but for the discriminatory requirement in the schemes;
that the member was on or before 31 March 2012 a member of a legacy scheme or, in the case of certain schemes for firefighters, eligible to be a member of such a scheme; and
that the member does not have a disqualifying break in service falling within the period set out in section 1(6).
	Section 1(7) provides that a disqualifying break in service for the fourth condition is a period of more than five years. This reflects the rules of public service pension schemes that allow members who leave to rejoin subsequently and have their service aggregated where the gap between leaving and rejoining is 5 years or less. Section 1(7)(b) provides that a break in service relating to a period where the member was in another pension scheme as a result of a compulsory transfer of employment to which the Fair Deal policy applies, is not a disqualifying break. Section 1(7)(c) provides that a break in service relating to a period where, as a result of a local government contracting-out transfer, the member was in another pension scheme that offers pension arrangements that are broadly comparable with those offered to the member before the transfer, is not a disqualifying break
	Section 1(10) identifies that further provision is made later in the Act to allow certain persons to count a period of service as pensionable service where it would not otherwise have been, in particular where the second condition is not met due to a decision by the person to opt-out (see section 5).