Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023
Changes to legislation:
There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, Section 12.
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PART 3Decisions about the treatment of remediable service
CHAPTER 3Deferred choice decision for alpha or PCSPS benefits
Deferred choice decision for alpha or PCSPS benefits: general
12.
(1)
A decision (a “deferred choice decision”) may be made—
(a)
to make an election (a “section 10 election”) by virtue of section 10 of PSPJOA 2022 in relation to M’s remediable service, or
(b)
that no section 10 election is to be made in relation to that service.
(2)
A deferred choice decision may be made—
(a)
by M, or
(b)
where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.
(3)
A deferred choice decision made by—
(a)
a person other than the scheme manager is made when it is received by the scheme manager in a form and manner determined by the scheme manager;
(b)
the scheme manager is made at a time determined by the scheme manager.
(4)
A deferred choice decision may only be made before the end of the section 10 election period.
(5)
A deferred choice decision to make a section 10 election takes effect as a section 10 election (see sections 10(4) and (5), 11(3)(b), (4) and (7) and 13 of PSPJOA 2022 about the effect of a section 10 election).
(6)
Where the deferred choice decision is that no section 10 election is to be made, the benefits payable to or in respect of M, so far as they are determined by reference to M’s remediable service, are PCSPS benefits.
(7)
The following provisions of PSPJOA 2022 have effect in relation to a decision that no section 10 election is to be made as they have effect in relation to a section 10 election—
(a)
section 10(5) (section 10 election has effect in respect of all remediable service in the employment or office);
(b)
section 11(3)(b), (4) and (7) (provision about when a section 10 election takes effect, and the effect of lapse or revocation of a section 10 election);
(c)
section 13 (persons with remediable service in more than one Chapter 1 legacy scheme).