The regulatory deadline for the issue of Remediable Service Statements is 31 March 2025.
This is contained in regulation 29 of the Public Service Pensions and Judicial Offices Act 2022 (PSPJOA).
The Remediable Service Statement (RSS) is a document which sets out the alternative pension benefits that you are entitled to for the remedy period. The remedy period is 1st April 2015 to 31 March 2022.
The RSS will show the pension benefits for your legacy scheme (1987 or 2006 pension) and what the alternative benefits in the 2015 scheme would be. All members in scope for remedy must receive an RSS.
There is going to be a substantial failure to meet this deadline across the country.
Employers will point to the fact that the police service has done a lot better than other areas of the public sector but that is of little solace for those who are waiting for an RSS.
There are various cohorts of members:
Active – officers still in service and paying contributions.
Retired – officers who left on or after 1 April 2015 and before 1 October 2023 and were not given the remedy options, those that retired after 1 October 2023 should have been remedied and are not affected. Within this cohort there will be fully protected, unprotected and tapered officers.
Deferred – officers who have opted out of the pension or left the service without an immediate benefit from the pension schemes.
Ill Health Retirements – officers who retired due to ill health between 1 April 2015 and 30 September 2023.
Beneficiaries – survivors of officers who died between 1 April 2015 and 30th September 2023.
There was a plan of how these cohorts were going to be dealt with but that fell away many months ago.
It is extremely disappointing that we are in this position and PFEW has worked with other stakeholders to try and get this resolved. We still want to see this done as soon as is possible but we have to provide some advice to our members.
We have taken legal advice and as a result of that and discussions with the other staff associations we suggest the following course of action whether you have a breach or have been extended under the provisions of the PSPJOA.
The Internal Dispute Resolution Procedure gives members the opportunity to formalise their complaints about the administration of the scheme, their membership and their retirement benefits. It is a regulatory process that forces must follow.
Active Members
If you are a 2006 legacy member without an RSS you may want to consider sitting tight as you are accruing interest at 8 per cent on the contributions owed to you.
If you are near retirement and need the RSS then that is another consideration and you may want to follow the 1987 legacy member advice.
If you are a 1987 legacy member then we suggest you contact your scheme manager and ask for the Internal Dispute Resolute Procedure (IDRP) to be instigated and if this is not done in a timely manner or resolved to your satisfaction take the matter to the Pension Ombudsman. The Pension Ombudsman will not take a case on without the IDRP stage.
We also suggest that you request that interest on the contributions you owe is frozen. PFEW will be asking for that too.
Deferred Members
There is a similar consideration to be made here. If you are a 2006 deferred member you may want to wait until you get your RSS as you are earning 8 per cent on the contributions owed to you. If you are close to claiming your deferred pension then you may want to follow the 1987 deferred member advice.
Similar to the 1987 active member you will be accruing interest on contributions owed and we suggest that when you ask for the IDRP to be instigated that you ask for interest to be frozen. You would ask the Chief Constable of your former force for the IDRP documentation and for the interest freeze.
Retired Members – all retired members including IHR and beneficiaries
These members should have been remedied by now.
We would suggest contacting the Chief Constable for the former force as the Scheme Manager and ask for an IDRP form so that the procedure can be instigated.
PFEW will liaise with NARPO and other groups to get the message out to retired officers and beneficiaries but if you know someone who is affected, please pass on the information.
Interest
We will be asking for interest to be frozen for monies owed from 31 March 2025. Interest is a real kick in the teeth to our members and for it to continue to accrue after the regulatory deadline has not been met is morally wrong and should not be happening. Individuals should make this point in their contact with the force.
Compensation
Direct financial losses, advice and tax losses in certain circumstances can be claimed back from the force via their published compensation framework.
Additionally, any out-of-pocket expenses that are incurred by delays in the RSS should be collated and invoiced to the force.
Remember forces have shown very little sympathy to the interest position despite extensive lobbying and if you are out of pocket due to their actions then ask them to pay for those amounts.
> NPCC Member Remedy Factsheet
Partial Compliance
We are hearing anecdotal evidence of forces sending out RSSs and saying the accurate/complete RSS will follow.
This is still a breach and needs to be dealt with as such. If you do not have an accurate or complete RSS then the deadline has not been met.
Delays in Making Payments
Another area where there are issues is the late payment of monies owed once members have completed the required paperwork making their remedy choices. This is unacceptable.
The advice would be to instigate the IDRP process and claim any financial losses or out of pocket expenses from the force.
PFEW is seeking urgent clarification of what happens with interest owed on monies owed to members particularly where there is a delay in settlement.
In light of the fact that forces have managed to charge members interest on every day that they owed contributions we would expect the same level of rigor in this regard from forces.
The Pension Regulator
Forces should report their breaches to the Pension Regulator (TPR). Members can also report their individual breach to TPR.
> How to report breaches TPR code module | The Pensions Regulator
Divorce
There are a number of issues with divorce and RSSs. PFEW is considering taking further action in this regard and officers who have issues please contact us using the e-mail in the contact us section with brief details of your particular issue.
Criticism
It is likely that there will be criticism of our approach along the lines that mass IDRP complaints will slow things down. This is misplaced – there has been a lack of governance and administration throughout the remedy process. PFEW has made reasonable suggestions on a number of issues and have been ignored.
The Government seems to have lost sight that remedy was the solution to discrimination against officers and it has had years to ensure that it went smoothly.
It has gone far from smoothly and officers should have been remedied before the deadline and now that has been breached for many this needs to be resolved as soon as possible with resources and the political will to get it done.
Contacting the Force
If there are any issues with this particularly for retired and deferred members use communications you have had or the force website.
If that is unsuccessful then contact your local Federation office and they will provide details.
Contact Us
PFEW would like to collate details of those that have submitted IDRPs. Please contact us at PensionEnquiries@polfed.org with a brief e-mail – we just need the force and the cohort you are in.