There are currently no known outstanding effects for The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023, SCHEDULE.

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SCHEDULEEligible decision-makers for deceased members

Regulations 4(3), 6(2), 8(2) and 12(2)

Interpretation

1. (1)

In this Schedule—

“beneficiary” means a person who has become entitled to receive any death benefit;

“child”, except in the term “eligible child”, means a person under the age of 18;

“death benefit” means a benefit payable on the death of a member under—

(a)

Part 8 of the 2014 Regulations;

(b)

Part E of Section I;

(c)

section 4 of Section II;

(d)

Part F of Section III;

“decision” means an opted-out service election, an immediate choice decision or a deferred choice decision;

“eligible decision-maker” means a person who may make—

(a)

an opted-out service election in accordance with regulation 6(2)(b);

(b)

an immediate choice decision in accordance with regulation 8(2)(b);

(c)

a deferred choice decision in accordance with regulation 12(2)(b);

“surviving adult” means—

(a)

a surviving spouse;

(b)

a surviving civil partner;

(c)

in relation to—

(i)
alpha, a surviving partner within the meaning of regulation 101 of the 2014 Regulations;
(ii)
Section I, a surviving adult dependant within the meaning of rule E.2 of that Section;
(iii)
Section III, a surviving adult dependant within the meaning of rule F.2 of that Section.

(2)

In this Schedule, a reference to—

(a)

a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;

(b)

an eligible child is a reference to an eligible child of M;

(c)

M is a reference to the deceased remedy member in respect of whose remediable service an election may be made;

(d)

a surviving adult is a reference to a surviving adult in relation to M.

F1Sole beneficiary: an adult

2. (1)

Where a person is—

(a)

the sole beneficiary, and

(b)

an adult,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

The eligible decision-maker is—

(a)

the person mentioned in sub-paragraph (1), or

(b)

where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

F2Sole beneficiary: a child

3. (1)

Where a person (“A”) is—

(a)

the sole beneficiary, and

(b)

a child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

The eligible decision-maker is—

(a)

A’s parent or guardian, or

(b)

where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Sole beneficiary: a body

4.

Where a body (whether corporate or unincorporated) is the sole beneficiary, the eligible decision-maker is—

(a)

M’s personal representative, or

(b)

where M has no personal representative, the scheme manager.

F3Sole beneficiary: M’s estate

5.

Where M’s estate is the sole beneficiary, the eligible decision-maker is—

(a)

M’s personal representative, or

(b)

where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

F4Multiple beneficiaries: including a surviving adult

6. (1)

Where—

(a)

two or more adults are the only beneficiaries, and

(b)

one of those adults (“B”), is a surviving adult,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

The eligible decision-maker is—

(a)

B, or

(b)

where no decision about whether to make an election has been received by the scheme manager by such day as the scheme manager considers reasonable in all the circumstances, the scheme manager.

Multiple beneficiaries: including adult eligible children

7. (1)

Where—

(a)

two or more adults are the only beneficiaries,

(b)

none of those adults is a surviving adult, and

(c)

two or more of those adults are eligible children,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

The eligible decision-maker is—

(a)

the person agreed upon by the adult eligible children, or

(b)

where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager.

Multiple beneficiaries: nominated individuals only

8. (1)

Where—

(a)

two or more adults (the “nominated adults”) are beneficiaries of lump sum death benefits, and

(b)

none of the following are beneficiaries—

(i)

a surviving adult, or

(ii)

an eligible child (whether or not an adult),

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

The eligible decision-maker is—

(a)

M’s personal representative;

(b)

where M has no personal representative, the person agreed upon by the nominated adults;

(c)

where—

(i)

M has no personal representative, and

(ii)

no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager,

the scheme manager.

Multiple beneficiaries: non-adult eligible children

9.

Where the only beneficiaries are children, two or more of whom are eligible children, the eligible decision-maker is—

(a)

where one person has parental responsibility for all the eligible children, that person;

(b)

otherwise—

(i)

M’s personal representative, or

(ii)

where M has no personal representative, the scheme manager.

Multiple beneficiaries: nominated children only

10.

Where the only beneficiaries are two or more children who are not eligible children, the eligible decision-maker is—

(a)

where one person has parental responsibility for all the children, that person;

(b)

otherwise—

(i)

M’s personal representative, or

(ii)

where M has no personal representative, the scheme manager.

Multiple beneficiaries: one or more adults and one or more children

11. (1)

Where the beneficiaries include one or more adults and one or more children—

(a)

M’s personal representative is the eligible decision-maker;

(b)

where M has no personal representative, and—

(i)

one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker;

(ii)

none of the beneficiaries is a surviving adult and—

(aa)

one or more of the beneficiaries is an eligible child, or

(bb)

none of the beneficiaries is an eligible child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

Where sub-paragraph (1)(b)(ii) applies, and—

(a)

all relevant children are under 18 and—

(i)

have the same guardian, the eligible-decision maker is that guardian;

(ii)

do not have the same guardian, the eligible decision-maker is the scheme manager;

(b)

all relevant children are 18 or over, the eligible decision-maker is—

(i)

the person agreed upon by those relevant children, or

(ii)

(c)

one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—

(i)

the relevant children who are 18 or over, and

(ii)

the guardian of the relevant children who are under 18.

(3)

In sub-paragraph (2), “relevant children” means—

(a)

where sub-paragraph (1)(b)(ii)(aa) applies, eligible children;

(b)

where sub-paragraph (1)(b)(ii)(bb) applies, a person who is a beneficiary and who meets any of conditions A, B or C as set out in regulation 113(2), (3) and (4) of the 2014 Regulations.

Other cases

12.

In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager.

F5Option for scheme manager to be eligible decision-maker

13. (1)

A person (other than the scheme manager) determined as the eligible decision-maker in accordance with paragraph 2, 3, 5, or 6 may, subject to sub-paragraph (3), opt for the scheme manager to be the eligible decision-maker (“scheme manager option”).

(2)

A scheme manager option may only be exercised by notice to the scheme manager in a form and manner determined by the scheme manager.

(3)

Where a scheme manager option has been exercised, the scheme manager may determine, if the scheme manager considers it reasonable in all the circumstances, that the eligible decision-maker is the scheme manager.