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 8.
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PART 3Decisions about the treatment of remediable service
CHAPTER 2Immediate choice decision for alpha or PCSPS benefits
Immediate choice decision for alpha or PCSPS benefits: general
8.
(1)
A decision (an “immediate choice decision”) may be made in accordance with this Chapter—
(a)
to make an election (a “section 6 election”) by virtue of section 6 of PSPJOA 2022 in relation to M’s remediable service, or
(b)
that no section 6 election is to be made in relation to that service.
(2)
An immediate 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)
An immediate 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 the time determined by the scheme manager.
(4)
(5)
An immediate choice decision is irrevocable.
(6)
An immediate choice decision to make a section 6 election takes effect as a section 6 election (see sections 6(5) and (7), 7(1)(b) and 9 of PSPJOA 2022 about the effect of a section 6 election).
(7)
Paragraph (8) applies where—
(a)
immediately before 1st October 2023, M has remediable service in alpha (“alpha service”), and
(b)
an immediate choice decision is made that no section 6 election is to be made in relation to M’s remediable service.
(8)
Where this paragraph applies, section 6(4) of PSPJOA 2022 does not apply in relation to M’s alpha service (and, accordingly, section 2(1) of PSPJOA 2022 has effect in relation to M’s alpha service for the purposes mentioned in section 2(3)(b) of that Act from the time the immediate choice decision mentioned in paragraph (7)(b) is made).
(9)
The following provisions of PSPJOA 2022 have effect in relation to an immediate choice decision that no section 6 election is to be made as they have effect in relation to a section 6 election—
(a)
section 6(7) (section 6 election has effect in respect of all remediable service in the employment or office);
(b)
section 7(1)(b) (provision about when a section 6 election is to be treated as having taken effect);
(c)
section 9 (provision about persons with remediable service in more than one Chapter 1 legacy scheme).