# The Armed Forces Pension Scheme Order 2005, Paragraph 13: Deferred choice decision for reformed scheme or legacy scheme benefits: general


(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).

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/3/paragraph/13 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.