The National Health Service Pension Schemes (Remediable Service) Regulations 2023

Option to revoke election to convert pensionable service under the legacy scheme

71.—(1) This regulation applies to a remedy member (“ M”) who has made an election under regulation 41 of the 2015 Transitional Regulations (option for 1995 Section members to convert to 2008 Section membership).

(2) M may revoke the election referred to in paragraph (1) with the effect that M’s pensionable service for the purposes of the 1995 Regulations is treated as if it were never such service for the purposes of the 2008 Regulations.

(3) Where M may make an election under regulation 9 (election for 2015 scheme benefits: immediate choice members and deceased members)—

(a) the scheme manager must send a notice in writing to M of M’s right under paragraph (2) on or before the relevant date referred to in regulation 6(2);

(b) M must, if M decides to exercise that right, give the scheme manager notice in writing of that decision—

(i) within three months beginning with the day on which the scheme manager issued the notice referred to in sub-paragraph (a), or

(ii) by such later time as the scheme manager considers reasonable in all the circumstances of the case.

(4) Where M may make an election under regulation 12 (election for 2015 scheme benefits: deferred choice members and deceased members)—

(a) the scheme manager must send a notice in writing to M of M’s right under paragraph (2) before 1st April 2024;

(b) M must, if M decides to exercise that right, give the scheme manager notice in writing of that decision—

(i) within three months beginning with the day after the day on which the scheme manager issued the notice referred to in sub-paragraph (a); or

(ii) by such later time as the scheme manager considers reasonable in all the circumstances of the case.