Part 1: Public Service Pension Schemes Chapter 4: General Section 88: Restriction of existing schemes
This section amends sections 18 and 31 of the PSPA 2013, and sections 18 and 32 of the Public Service Pensions Act (Northern Ireland) 2014 (PSPA(NI) 2014); it also makes consequential amendments to the Judicial Pensions and Retirement Act 1993 (JUPRA).
	This section closes the legacy schemes to further accrual from 1 April 2022. All members of public service pension schemes from that date accrue pension benefits in a new scheme, subject to the narrow exceptions set out in section 89.
	Section 88(2)(c) is the core operative provision and repeals sections 18(5) to 18(8) of the PSPA 2013. This section prospectively, with effect from 1 April 2022, removes the power for scheme regulations to make exceptions to section 18(1) of the PSPA 2013, which closed the legacy schemes to further accrual from 1 April 2015. As a consequence, and subject to the transitional and savings provisions in section 89, the power to provide tapered and transitional protection will no longer be available from 1 April 2022, and any exceptions that were made under these powers will no longer have effect from 1 April 2022 (this is the effect of the law when powers are repealed prospectively, and this effect is also clarified by the wording of section 89(1)).
	Section 88(2)(b) inserts a new subsection (4A) into section 18 PSPA 2013, which clarifies that the closure of the legacy schemes by section 18(1) of the PSPA 2013 does not apply and is retrospectively treated as never having applied in relation to a member’s remediable service in a legacy scheme. This section therefore inserts an exception to the closing date in section 18(1) PSPA 2013, with retrospective effect, for all those who have remediable service which is treated as pensionable service under the legacy schemes by virtue of the provisions of this Act. This ensures that the provisions of section 18 PSPA 2013 do not conflict with the provisions of this Act (particularly section 2(1)) which retrospectively treat members’ remediable service as pensionable service under the legacy schemes.
	Section 88(3) amends section 31(4) of the PSPA 2013 to reflect the repeal of sections 18(6) and 18(7) of that Act.
	Section 88(4) to 88(6) replicate the provisions in section 88(1) to 88(3) in respect of the PSPA(NI) 2014.
	Consequential amendment is made to JUPRA by section 88(7).