The Armed Forces Pension Scheme Order 2005, Paragraph 9 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
9.—(1) A decision (an “immediate choice decision”) may be made in accordance with this Chapter—
(a)to make an election (a “section 6 election”) by virtue of section 6 of PSPJOA 2022 in relation to M’s remediable service, or
(b)that no section 6 election is to be made in relation to that service.
(2) An immediate choice decision may be made—
(a)by M, or
(b)where M is deceased, by the eligible decision-maker specified in Part 10.
(3) An immediate choice decision made by—
(a)a person other than the Scheme manager is made when it is received by the Scheme manager in a form and manner determined by the Scheme manager;
(b)the Scheme manager is made at the time determined by the Scheme manager.
(4) An immediate choice decision may only be made before the end of the section 6 election period(1).
(5) An immediate choice decision is irrevocable.
(6) An immediate choice decision to make a section 6 election takes effect as a section 6 election (see sections 6(5) and (7), 7(1)(b) and 9 of PSPJOA 2022 about the effect of a section 6 election).
(7) Where—
(a)immediately before 1st October 2023, M has remediable service in the reformed scheme (“reformed scheme service,”), and
(b)an immediate choice decision is made that no section 6 election is to be made in relation to M’s remediable service,
section 6(4) of PSPJOA 2022 does not apply in relation to M’s reformed scheme service (and, accordingly, section 2(1) of PSPJOA 2022 has effect in relation to M’s reformed scheme service for the purposes mentioned in section 2(3)(b) of that Act from the time the immediate choice decision is made).
(8) The following provisions of PSPJOA 2022 have effect in relation to a decision that no section 6 election is to be made as they have effect in relation to a section 6 election—
(a)section 6(7) (section 6 election has effect in respect of all remediable service in the employment or office);
(b)section 7(1)(b) (provision about when a section 6 election is to be treated as having taken effect);
(c)section 9 (provision about persons with remediable service in more than one Chapter 1 legacy scheme).]
Textual Amendments
F1Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2
Chapter 5 (sections 101AA to 101AI) is inserted by section 264 of the Pensions Act 2004 (c. 35).
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