The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations 2023

Deferred choice decision: when a deferred choice decision may be made

13.—(1) Where the deferred choice decision-maker is M, a deferred choice decision may be made only during the period—

(a) beginning on the date of issue of the remediable service statement issued under regulation 4(2)(c)(i), and

(b) ending—

(i) at the end of the day 3 months before the day the scheme manager reasonably expects, by virtue of the notification mentioned in regulation 4(2)(c)(i), that benefits in relation to M’s remediable service will become payable,

(ii) subject to paragraph (2), 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 the day on which benefits become payable in relation to M’s remediable service.

(2) 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, if a section 10 election were made, alpha benefits would become payable to or in respect of M.

(3) Where—

(a) the period for making a deferred choice decision has begun in accordance with paragraph (1)(a), and

(b) the scheme manager receives notice that M has died before benefits become payable to M in relation to M’s remediable service,

the period during which a deferred choice decision may be made is to be treated as ending in accordance with paragraph (4)(b) instead of paragraph (1)(b).

(4) Where the deferred choice decision-maker is a person other than M (“D”), a deferred choice decision may only be made during the period—

(a) beginning—

(i) where D is a person other than the scheme manager, on the date of issue of the remediable service statement issued under regulation 4(2)(c)(ii), or

(ii) where D is the scheme manager, on the date the scheme manager receives notice that M has died, and

(b) ending—

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

(ii) except where D is the scheme manager, 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), immediately after a deferred choice decision is made by D.

(5) Where—

(a) the deferred choice decision-maker is D, and

(b) M had made a deferred choice decision,

D may make a deferred choice decision only if they revoke M’s deferred choice decision in accordance with regulation 14(2).