PART 3Decisions about the treatment of remediable service as a firefighter
CHAPTER 3Deferred choice decision for reformed scheme or legacy scheme benefits
Deferred choice decision to be made by M 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 12 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 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;
(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).