The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023

Deferred choice decision to be made by M

15.—(1) This regulation applies where M is the deferred choice decision-maker.

(2) M must notify the scheme manager that they intend to claim benefits in relation to their remediable service—

(a) during the period between 3 and 6 months before the date M intends such benefits to become payable, or

(b) during such other period that the scheme manager considers reasonable in all the circumstances.

(3) A deferred choice decision may only be made during the period—

(a) beginning with the date a remediable service statement is issued under regulation 4(2)(c)(i), and

(b) ending—

(i) with the day 12 weeks after that date,

(ii) subject to paragraph (5), with 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), with the day before benefits become payable in relation to M’s remediable service.

(4) The end of the period during which a deferred choice election 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, 2015 scheme benefits would become payable to or in respect of M.

(5) A deferred choice decision made by M—

(a) may be revoked at any time before the cancellation deadline, and

(b) lapses where 12 months after a deferred choice decision is made scheme benefits have not become payable.

(6) M must communicate the revocation of a deferred choice decision in writing to the scheme manager.

(7) Where paragraph (5) applies M may make a new deferred choice decision in accordance with paragraph (3).

(8) Where the scheme manager receives notice that M has died and M has made a deferred choice decision, that decision is irrevocable.

(9) In paragraph (5), “the cancellation deadline” means—

(a) the beginning of the day two weeks before the day (“the payment day”) on which the first payment under a firefighters’ pension scheme becomes payable in relation to M’s remediable service, or

(b) such later time before the payment day as the scheme manager considers reasonable in all the circumstances.