The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023

CHAPTER 3 N.I. Deferred choice decision for alpha or PCSPS(NI) benefits

Application of Chapter 3 N.I.

11.—(1) This Chapter applies in respect of the remediable service of a deferred choice member (“ M”).

(2) Where M has remediable service in multiple employments or offices, this Chapter applies separately in relation to the remediable service in each employment or office.

Commencement Information

I1 Reg. 11 in operation at 1.10.2023, see reg. 1(b)

Deferred choice decision for alpha or PCSPS(NI) benefits: general N.I.

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(NI) 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).

Commencement Information

I2 Reg. 12 in operation at 1.10.2023, see reg. 1(b)

Deferred choice decision: when a deferred choice decision may be made N.I.

13.—(1) Where the deferred choice decision-maker is M, a deferred choice decision may be made only during the period—

(a) beginning on the date of issue of the remediable service statement issued under regulation 4(2)(c)(i), and

(b) ending—

(i) at the end of the day 3 months before the day the scheme manager reasonably expects, by virtue of the notification mentioned in regulation 4(2)(c)(i), that benefits in relation to M’s remediable service will become payable,

(ii) subject to paragraph (2), at the end of such other day as the scheme manager considers reasonable in all the circumstances, or

(iii) if earlier than the time which applies by virtue of paragraph (i) or (ii), at the end of the day before the day on which benefits become payable in relation to M’s remediable service.

(2) The end of the period during which a deferred choice decision may be made must not be more than one year before the day on which it is reasonably expected that, if a section 10 election were made, alpha benefits would become payable to or in respect of M.

(3) Where—

(a) the period for making a deferred choice decision has begun in accordance with paragraph (1)(a), and

(b) the scheme manager receives notice that M has died before benefits become payable to M in relation to M’s remediable service,

the period during which a deferred choice decision may be made is to be treated as ending in accordance with paragraph (4)(b) instead of paragraph (1)(b).

(4) Where the deferred choice decision-maker is a person other than M (“D”), a deferred choice decision may only be made during the period—

(a) beginning—

(i) where D is a person other than the scheme manager, on the date of issue of the remediable service statement issued under regulation 4(2)(c)(ii), or

(ii) where D is the scheme manager, on the date the scheme manager receives notice that M has died, and

(b) ending—

(i) at the end of the day 12 months after that date,

(ii) except where D is the scheme manager, at the end of such other day as the scheme manager considers reasonable in all the circumstances, or

(iii) if earlier than the time which applies by virtue of paragraph (i) or (ii), immediately after a deferred choice decision is made by D.

(5) Where—

(a) the deferred choice decision-maker is D, and

(b) M had made a deferred choice decision,

D may make a deferred choice decision only if they revoke M’s deferred choice decision in accordance with regulation 14(2).

Commencement Information

I3 Reg. 13 in operation at 1.10.2023, see reg. 1(b)

Deferred choice decision: revocation N.I.

14.—(1) Where the deferred choice decision-maker is M, M may revoke a deferred choice decision—

(a) at any time before benefits become payable in relation to M’s remediable service, and

(b) by M communicating to the scheme manager notice of the revocation in a form and manner determined by the scheme manager.

(2) Where—

(a) the deferred choice decision-maker is a person other than M or the scheme manager (“D”),

(b) M had made a deferred choice decision,

(c) immediately before M’s death, no pension benefits were payable in relation to M’s remediable service, and

(d) the end of the section 10 election period has not passed,

D may revoke M’s deferred choice decision by communicating to the scheme manager notice of the revocation in a form and manner determined by the scheme manager.

(3) A deferred choice decision made by a person other than M is irrevocable.

Commencement Information

I4 Reg. 14 in operation at 1.10.2023, see reg. 1(b)

Deferred choice decision: additional requirements N.I.

15.  Where the deferred choice decision-maker (“ D”) is a person other than the scheme manager, a deferred choice decision is to be treated as having been made only if D provides any information specified in a written request from the scheme manager that is—

(a) information in D’s possession, or

(b) information which D can reasonably be expected to obtain.

Commencement Information

I5 Reg. 15 in operation at 1.10.2023, see reg. 1(b)