PART 1Public service pension schemes

C25C24C23C22C21C26C27C28C29CHAPTER 1Schemes other than judicial schemes and local government schemes

Annotations:
Modifications etc. (not altering text)

Active and deferred members: deferred choice of new scheme benefits

I1I2C4C25C1C24C23C5C3C2C22C21C6C710C25C24C23C22C21Deferred choice to receive new scheme benefits

1

Scheme regulations for a Chapter 1 legacy scheme must make provision so as to secure that an election for new scheme benefits may be made in relation to the remediable service in an employment or office of a relevant member of the scheme that is pensionable service under the scheme (whether or not by virtue of section 2(1)).

2

In this section “relevant member”, in relation to a Chapter 1 legacy scheme, means a member of the scheme who, immediately before the coming into force of section 2(1)—

a

is an active or deferred member of the scheme, or of a Chapter 1 new scheme, in relation to the employment or office, and

b

is not a pensioner member of a Chapter 1 scheme in relation to the employment or office.

3

Where a member has remediable service in multiple employments or offices that is pensionable service under the scheme, provision made under subsection (1) must make provision for separate elections in relation to the member’s remediable service in each of them.

4

Where an election by virtue of this section is made in relation to a member’s remediable service in an employment or office, the benefits payable under the scheme to or in respect of the member, so far as they are determined by reference to the member’s remediable service in that employment or office are new scheme benefits.

C9C15C18C17C8C12C20C14C13C11C16C10C195

An election by virtue of this section has effect in relation to all of the member’s remediable service in the employment or office in question that is pensionable service under the scheme.