Legislation – Public Service Pensions and Judicial Offices Act 2022
PART 1Public service pension schemes
CHAPTER 1Schemes other than judicial schemes and local government schemes
Pensioner and deceased members: immediate choice of new scheme benefits
7Elections by virtue of section 6: timing and procedure
(1)
An election—
(a)
must be made before the end of the section 6 election period,
(b)
is treated as having taken effect—
(i)
immediately before the member became a pensioner member of the scheme, or (if earlier) became a pensioner member of a Chapter 1 new scheme, in relation to the employment or office, or
(ii)
if the member died without having become a pensioner member of the scheme, or of a Chapter 1 new scheme, in relation to the employment or office, immediately before the member’s death, and
(c)
is irrevocable.
(2)
In this Chapter “the end of the section 6 election period” means—
(a)
the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of the member, or
(b)
such later time as the scheme manager considers reasonable in all the circumstances.
(3)
Scheme regulations made by virtue of section 6(1) may, in particular, include provision—
(a)
requiring information to be provided before an election is made;
(b)
about the form and manner in which an election is to be made;
(c)
about who may make an election in relation to the remediable service of a deceased member.
(4)
References in this section to “an election” are to an election by virtue of section 6.