Immediate choice decision: deemed decision
12.—(1) An immediate choice decision is treated as made in relation to M’s remediable service immediately before the end of the section 6 election period where—
(a)the end of the section 6 election period in relation to M has passed, and
(b)no immediate choice decision has been communicated in relation to M’s remediable service.
(2) In cases where M is not deceased, the immediate choice decision in paragraph (1) is that no section 6 election is made and the benefits payable in relation to M’s remediable service are legacy scheme benefits.
(3) In cases where M is deceased, the immediate choice decision in paragraph (1) is that a section 6 election is made and the benefits payable in relation to M’s remediable service are 2015 scheme benefits.