PART 1Public service pension schemes

CHAPTER 1Schemes other than judicial schemes and local government schemes

Immediate detriment cases

32Whether an “immediate detriment remedy” has been obtained

(1)

For the purposes of section 31 an “immediate detriment remedy” has been obtained in relation to a person’s remediable service in an employment or office if either of the following conditions is met.

(2)

The first condition is that—

(a)

a court or tribunal has determined that, as a result of a non-discrimination rule, any person has any rights under a Chapter 1 scheme in respect of the remediable service, and

(b)

the scheme manager of the scheme has—

(i)

paid any benefits or compensation in accordance with the determination, or

(ii)

taken any other step (for example, altering records) to implement the determination.

(3)

The second condition is that—

(a)

the scheme manager of a Chapter 1 scheme and any person have agreed that, as a result of a non-discrimination rule, the person has any rights under a Chapter 1 scheme in respect of the remediable service, and

(b)

the scheme manager of the scheme has—

(i)

paid any benefits or compensation in accordance with the agreement, or

(ii)

taken any other step (for example, altering records) to implement the agreement.

(4)

In this section “non-discrimination rule” means a rule that is, or at any time was, included in a Chapter 1 scheme by virtue of—

(a)

section 61 of EA 2010, or

(b)

paragraph 2 of Schedule 1 to EEAR(NI) 2006.