Members who are affected by the remedy and divorced with a Pension Sharing Order (PSO) in place, will need to make a choice regarding any service built in the remedy period. They’ll be given the option for this service to be in either the final salary or career average scheme.

If the Pension Sharing Order was made before 1 October 2023 and they’re an active member, the adjustment will be calculated in the alternative scheme(s) and shown in the Remediable Service Statement (RSS). They’ll make their remedy period election at the point they decide to take their benefits. If they’re retired, they’ll be given the choice after 1 October 2023. The relevant adjustment for the divorce will be applied in line with that choice.

If a member divorced after 1 October 2023, and they’ve not made their choice between final salary and career average for service in the remedy period yet, we’ll calculate two cash equivalent transfer values to account for the two options. However, the court will be provided with the higher option for their ex-spouse or ex-partner. If they’ve already made their choice, the calculation will be done to account for that decision.

If an Attachment Order, Offsetting Agreement or Earmarking Order is produced after 1 October 2023, two quotes will be provided, calculated under both final salary and career average, with the higher presented to the court. If a member’s decision has been made, one quote will be produced in accordance with that decision.

The calculations in the RSS have considered the effect of any existing Attachment Order, Offsetting Agreement or Earmarking Order prior to 1 October 2023.

Any action a member’s ex-spouse or ex-civil partner takes regarding their retirement benefits will not affect them.