Legislation – The Public Service (Civil Servants and Others) Pensions (Remediable Service) (Amendment) Regulations 2025

Part 3The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

Amendments to Schedule (eligible decision-makers for deceased members)10.

(1)

The Schedule is amended in accordance with this regulation.

(2)

For paragraphs 2 and 3 substitute—

“Sole 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.

Sole 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.”.

(3)

For paragraphs 5 and 6 substitute—

“Sole 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.

Multiple 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.”.

(4)

After paragraph 12 insert—

“Option 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.”.