Public Service Pensions and Judicial Offices Act 2022

11 Elections by virtue of section 10: timing and procedure

(1) Scheme regulations made by virtue of section 10(1) must specify a time (“the end of the section 10 election period”) in relation to a member.

(2) The end of the section 10 election period must not be more than one year before the day on which it is reasonably expected that, if an election were made, new scheme benefits would become payable under the scheme to or in respect of the member.

(3) An election—

(a) must be made before the end of the section 10 election period, and

(b) (subject to subsection (4)) takes effect immediately before the member becomes a pensioner member of the scheme in relation to the employment or office.

(4) Where an election is made on behalf of a deceased member, the election is treated as having taken effect immediately before the member’s death.

(5) Scheme regulations made by virtue of section 10(1) may, in particular, include provision—

(a) requiring information to be provided before an election is made;

(b) about the form and manner in which an election is to be made;

(c) about who may make an election in relation to the remediable service of a deceased member;

(d) subject to subsection (6), about how and when an election lapses or may be revoked.

(6) Scheme regulations made by virtue of section 10(1) may not provide for an election made in relation to a member’s remediable service in an employment or office to lapse or be revoked after any benefits have become payable to or in respect of the member after the end of the section 10 election period.

(7) Where an election lapses or is revoked, the election is treated as never having had effect.

(8) References in this section to “an election” are to an election by virtue of section 10.