Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 22: Further powers to make provision about special cases
This section provides that scheme regulations may make further provision about a number of areas in relation to members’ remediable service.
	Section 22(2) provides a non-exhaustive list containing specific examples of the types of provision that scheme regulations may need to make. For example, provision in relation to a member with mixed service (i.e. a member who had tapered protection), who has a period of service that entitles them to receive benefits under more than one Chapter 1 scheme, or who had a right under a Chapter 1 new scheme to buy-out an actuarial reduction to their pension benefits that would otherwise apply if they retired before the scheme normal retirement age, or who is partially retired. Section 22(6) describes the broad variety of provision that may be made under section 22, or under section 19, 20, 21.
	Section 22(2)(e) allows scheme regulations made under section 22 to make provision about the benefits payable where a member dies, in respect of surviving children who do not live in the same household as a surviving adult. This will allow schemes to deliver the policy set out in the Government’s consultation and consultation response, which set out that where a member has died and a child pension is already in payment which would otherwise be impacted by a decision taken by someone outside the child’s household, that pension will be protected. Section 22(2)(f) and (g) enables provision to be made in scheme regulations about cases in which a person has remediable service as a teacher which is excess teacher service or cases in which a person has pensionable service as a teacher which takes place in the remedy period but is not remediable service (i.e. teachers who would not be eligible to join the LGPS because there was no existing relationship between the LGPS and the employer). Section 22(2)(h) allows scheme regulations made under section 22 to make provision for cases in which a member has a Partnership Pension Account. Section 5 of the Bill already provides for members of the civil service, who opted to have a Partnership Pension Account, to be able to be reinstated to the appropriate legacy scheme where they wish, and meet any criteria that may be specified in scheme regulations. However, there may be cases where that is not possible, for example where the member has died. This provision therefore provides schemes with powers to make provision to take a different approach where needed to provide a remedy in such cases. Section 22(2)(i) allows scheme regulations made under section 22 to make provision for cases in which a person who has remediable service is made redundant. This will ensure that schemes are able to make provision for a member to make their deferred choice to receive new scheme benefits at the time their employment ends. This approach will be needed in cases where the member’s redundancy payment is calculated by reference to the pension scheme in which they have remediable service, which is the case for example in the Armed Forces.
	Section 22(2)(j) provides that schemes can make appropriate provision for cases where the administrator of a Chapter 1 scheme pays a member’s liability to a lifetime allowance charge, or an annual allowance charge and the member’s benefits are reduced in consequence. Schemes will, for example, be able to make provision to adjust a reduction of member benefits that was applied previously where the member’s liability to a charge changes as a consequence of the remedy provided under Chapter 1. Section 22(2)(k) allows provision to be made about cases in which a person’s remuneration may be determined by reference to whether their service is, or is eligible to be, pensionable service under a Chapter 1 scheme. Section 22(2)(l) enables provision to be made in relation to members of the armed forces who would be entitled to an incapacity lump sum under the new armed forces pension scheme, even if they would not have been entitled to such a payment under the rules of the legacy scheme.
	Section 22(3) provides that scheme regulations for a Chapter 1 new scheme may make provision about injury and compensation benefits payable to or in respect of a member with remediable service. Section 22(4) allows such provision to be made in particular by amending the relevant injury or compensation scheme and section 22(5) defines which schemes and benefits are in scope of the power. Where Chapter 1 of Part 1 retrospectively alters pension benefits payable to or in respect of a person, this may require retrospective changes also to be made to the injury or compensation benefits to which the person is entitled (for example where their injury or compensation benefits amount is calculated in a way that takes account of the amount of pension benefits payable).