The Firefighters’ Pensions (Remediable Service) Regulations 2023

Deferred choice decision to be made by M E+W

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

(2) M must notify the scheme manager in a form and manner determined by the scheme manager that M intends to claim benefits in relation to M’s remediable service as a firefighter—

(a) during the period between 6 and 3 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 on the date a remediable service statement is issued under regulation 4(2)(c)(i), and

(b) ending—

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

(ii) subject to paragraph (5), 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 benefits become payable in relation to M’s remediable service as a firefighter.

(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, reformed scheme benefits would become payable to or in respect of M.

(5) A deferred choice decision made by M may be revoked—

(a) up to 10 working days before benefits become payable in relation to M’s remediable service as a firefighter, and

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

(6) Where the scheme manager receives notice that M has died before any benefits have become payable in relation to M’s remediable service as a firefighter—

(a) any deferred choice decision made by M lapses, and

(b) any period that has begun (whether or not it has also ended) in accordance with paragraph (3) is to be treated as never having begun (or ended).

Commencement Information

I1 Reg. 13 in force at 1.10.2023, see reg. 1(b)