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
6.—(1) This Chapter applies to and in respect of a member (“M”) with opted-out service in an employment or office in relation to the legacy scheme.
(2) In this Chapter—
“opted-out service decision-maker” means the person who may make an opted-out service election in accordance with paragraph 7(2);
“relevant opted-out service” means the service referred to in sub-paragraph (1).
7.—(1) An election (an “opted-out service election”) may be made in relation to M’s relevant opted-out service in accordance with this Part and section 5 of PSPJOA 2022.
(2) An opted-out service election may be made—
(a)by M, or
(b)where M is deceased, by the eligible decision-maker specified in Part 10.
(3) Where a person other than the Scheme manager is the opted-out service decision-maker, an opted-out service election may only be made after the Scheme manager determines an application which is—
(a)made by, or in relation to, M,
(b)in a form and manner determined by the Scheme manager,
(c)received by the Scheme manager within twelve months of the date on which the Scheme manager notified M of their right to make the application, and
(d)accompanied by such information—
(i)which is within the person’s possession, or
(ii)which the person may reasonably be expected to obtain,
that the Scheme manager may by written notice require the person to provide in relation to the decision which caused the service in question to become opted-out service.
(4) As soon as is reasonably practicable after receipt of an application, the Scheme manager must—
(a)determine whether an opted-out service election may be made in relation to M’s opted out service, and
(b)notify the person who made the application whether such an opted-out service election may be made.
(5) Where the Scheme manager is the opted-out service decision-maker, the Scheme manager must, as soon as is reasonably practicable after determining that they are the opted-out service decision-maker, determine whether to make an opted-out service election in relation to M.
(6) The Scheme manager must refuse an application where the decision by virtue of which M’s service became opted-out service was not made pursuant to a relevant breach of a non-discrimination rule.
(7) An opted-out service election to be made by—
(a)a person other than the Scheme manager is made when the person confirms that an opted-out service election is to be made following receipt of the notification mentioned in sub-paragraph (4)(b);
(b)the Scheme manager is made at the time determined by the Scheme manager.
(8) See section 5(2) to (4) of PSPJOA 2022 about the effect, timing and irrevocability of an opted-out service election.
8. This Chapter applies in respect of the remediable service of an immediate choice member (“M”) who has not already made an immediate choice decision or a deferred choice decision under the Schedule to the EDP 2005 Order in relation to that service.
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).
10.—(1) This paragraph applies where the immediate choice decision-maker (“D”) is a person other than the Scheme manager.
(2) An immediate choice decision may not be made unless a remediable service statement has been provided to D in accordance with paragraph 5(2)(a), or, where paragraph (3) applies, in accordance with paragraph 5(3).
(3) Where—
(a)a remediable service statement has been provided to M in accordance with paragraph 5(2)(a), and
(b)M dies before making an immediate choice decision under paragraph 9,
the section 6 election period is treated as though it had never begun in relation to M.
(4) An immediate choice decision is to be treated as having been made only if D provides the information specified in any written request from the Scheme manager that is—
(a)information in D’s possession, or
(b)information which D can reasonably be expected to obtain.
11. Where—
(a)the end of the section 6 election period in relation to M has passed, and
(b)no immediate choice decision has been made,
the Scheme manager may, if it seems reasonable in all the circumstances of the case, treat an immediate choice election as having been made in relation to M’s remediable service immediately before the end of the section 6 election period.
12. This Chapter applies in respect of the remediable service of a deferred choice member (“M”) who has not already made—
(a)an immediate choice decision under Chapter 2,
(b)an immediate choice decision under the Schedule to the EDP 2005 Order, or
(c)a deferred choice decision under the Schedule to the EDP 2005 Order
in relation to that service.
13.—(1) A decision (a “deferred choice decision”) may be made—
(a)to make an election (a “section 10 election”) by virtue of section 10 of PSPJOA 2022 in relation to M’s remediable service, or
(b)that no section 10 election is to be made in relation to that service.
(2) A deferred choice decision may be made—
(a)by M, or
(b)where M is deceased, by the eligible decision-maker specified in Part 10.
(3) A deferred choice decision—
(a)to be made by 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)to be made by the Scheme manager is made at a time determined by the Scheme manager.
(4) A deferred choice decision may only be made before the end of the section 10 election period.
(5) A deferred choice decision to make a section 10 election takes effect as a section 10 election (see sections 10(4) and (5), 11(3)(b), (4) and (7) and 13 of PSPJOA 2022 about the effect of a section 10 election).
(6) Where the deferred choice decision is that no section 10 election is to be made, the benefits payable to or in respect of M, so far as they are determined by reference to M’s remediable service, are legacy scheme benefits.
(7) The following provisions of PSPJOA 2022 have effect in relation to a decision that no section 10 election is to be made as they have effect in relation to a section 10 election—
(a)section 10(5) (section 10 election has effect in respect of all remediable service in the employment or office);
(b)section 11(3)(b), (4) and (7) (provision about when a section 10 election take effect, and the effect of lapse or revocation of a section 10 election);
(c)section 13 (persons with remediable service in more than one Chapter 1 legacy scheme).
14.—(1) This paragraph applies where M is the deferred choice decision-maker.
(2) A deferred choice decision may only be made during the period—
(a)beginning on the date a remediable service statement is issued under paragraph 5(2)(c)(i), and
(b)ending—
(i)at the end of the day 6 months after the day the remediable service statement mentioned in paragraph (a) was issued, or
(ii)subject to sub-paragraph (4), at the end of such other day as the Scheme manager considers reasonable in all the circumstances.
(3) 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 legacy scheme benefits would become payable to or in respect of M.
(4) A deferred choice decision made by M may be revoked—
(a)at any time before the cancellation deadline, and
(b)by M communicating to the Scheme manager notice of the revocation in a form and manner determined by the Scheme manager.
(5) Where the Scheme manager receives, before the cancellation deadline, notice that M has died—
(a)any deferred choice decision made by M lapses, and
(b)any period that has begun (whether or not it has also ended) in accordance with sub-paragraph (2) is to be treated as if it had never begun (or ended).
(6) In sub-paragraphs (4) and (5), “the cancellation deadline” means—
(a)the beginning of the day one calendar month before the day (“the payment day”) on which the first payment under the Scheme is due to be made in relation to M’s remediable service, or
(b)such later time before the payment day as the Scheme manager considers reasonable in all the circumstances.
15.—(1) This paragraph applies where a person other than M is the deferred choice decision-maker.
(2) A deferred choice decision may only be made during the period—
(a)beginning on the date a remediable service statement is issued under paragraph 5(2)(c)(ii), and
(b)ending—
(i)at the end of the day 6 months after that date,
(ii)except where the Scheme manager is the deferred choice decision-maker, at such later time as the Scheme manager considers reasonable in all the circumstances, or
(iii)immediately after a deferred choice decision is made, if earlier than the time which applies under sub-paragraph (i) or (ii).
(3) A deferred choice decision made by a person other than M is irrevocable.
16. Where—
(a)the end of the section 10 election period in relation to M has passed, and
(b)no deferred choice decision has been made,
the Scheme manager may, if it seems reasonable in all the circumstances of the case, treat a section 10 election as having been made in relation to M’s remediable service immediately before the end of the section 10 election period.
17. Where the deferred choice decision-maker (“D”) is a person other than the Scheme manager, a deferred choice decision is to be treated as having been made only if D provides the information specified in any written request from the Scheme manager that is—
(a)information in D’s possession, or
(b)information which D can reasonably be expected to obtain.]
Chapter 5 (sections 101AA to 101AI) is inserted by section 264 of the Pensions Act 2004 (c. 35).