The Armed Forces Pension Scheme Order 2005

[F1 Deferred choice decision to be made by M U.K.

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

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

(a) beginning on the date a remediable service statement is issued under paragraph 5(2)(c)(i), and

(b) ending—

(i) at the end of the day 6 months after the day the remediable service statement mentioned in paragraph (a) was issued, or

(ii) subject to sub-paragraph (4), at the end of such other day as the Scheme manager considers reasonable in all the circumstances.

(3) The end of the period during which a deferred choice decision may be made must not be more than one year before the day on which it is reasonably expected that legacy scheme benefits would become payable to or in respect of M.

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

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

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

(5) Where the Scheme manager receives, before the cancellation deadline, notice that M has died—

(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 sub-paragraph (2) is to be treated as if it had never begun (or ended).

(6) In sub-paragraphs (4) and (5), “the cancellation deadline” means—

(a) the beginning of the day one calendar month before the day (“the payment day”) on which the first payment under the Scheme is due to be made 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.]

Textual Amendments

F1 Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2