PART 1Public service pension schemes

CHAPTER 1Schemes other than judicial schemes and local government schemes

Pensioner and deceased members: immediate choice of new scheme benefits

8Power to deem election by virtue of section 6 to have been made

(1)

Scheme regulations made by virtue of section 6(1) may include provision under which an election by virtue of section 6 is treated as having been made immediately before the end of the section 6 election period.

(2)

Provision by virtue of subsection (1) may be made only in relation to cases in which—

(a)

the end of the section 6 election period in relation to a member has passed, and

(b)

no decision as to whether an election is to be made in relation to the member’s remediable service has been communicated to the scheme.

(3)

Provision by virtue of subsection (1) may, in particular, include provision specifying conditions that are to be met if an election is to be treated as having been made, including conditions relating to the value of benefits payable under the scheme if an election is or is not made.