Legislation – The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023
PART 3Decisions in relation to remediable service
CHAPTER 1Opted-out service elections
Application and interpretation of Chapter 1
5.
(1)
(2)
In this Chapter—
“opted-out service decision-maker” (“penderfynwr gwasanaeth a otiwyd allan”) means the person who may make an opted-out service election in accordance with regulation 6(2);
“relevant opted-out service” (“gwasanaeth a otiwyd allan perthnasol”) means the service referred to in paragraph (1).
Election in relation to opted-out service
6.
(1)
An election (an “opted-out service election”) may be made in relation to M’s relevant opted-out service in accordance with this Chapter and section 5 of the PSPJOA 2022.
(2)
An opted-out service election may be made—
(a)
by M, or
(b)
where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.
(3)
Where the scheme manager is the eligible decision-maker, they must decide not to make an opted-out service election.
(4)
See section 5(2) to (4) of the PSPJOA 2022 about the effect, timing and irrevocability of an opted-out service election.
Opted-out service election: additional requirements
7.
(1)
An opted-out service election must not be made unless a remediable service statement has been provided in accordance with regulation 4.
(2)
An opted-out service election must be made—
(a)
in writing to the scheme manager;
(b)
by the end of 12 months beginning with the date of receiving a remedial service statement in accordance with regulation 4(2)(a), or within such longer period as the scheme manager considers reasonable in all the circumstances.
Opted-out service election: lapse
8.
Where—
(a)
the end of the election period in relation to M has passed, and
(b)
no opted-out service election has been communicated to the scheme manager in accordance with regulation 7(2),
the entitlement to make an opted-out service election under regulation 6 lapses.