The National Health Service Pension Schemes (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. There are two National Health Service Pension Schemes: a scheme divided into two Sections known as the 1995 Section, established by the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) (“the 1995 Regulations”), and the 2008 Section, established by the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”) (together “the legacy scheme”), and the scheme established by the National Health Pension Scheme Regulations 2015 (S.I. 2015/94) (“the 2015 scheme”). The National Health Pension Scheme (Transitional and Consequential Provisions) Regulations (S.I. 2015/95) (“the 2015 Transitional Regulations”) provided for the treatment and payment of legacy scheme service and benefits to certain younger members who were required to join the 2015 scheme when reformed public service pensions were introduced in 2015. Transitional protections permitted older members to continue to accrue benefits in the legacy scheme beyond that date. Transitional protection of this kind was found to discriminate against public service pension scheme members on the basis of age.