Paragraph 7 Election in relation to relevant opted-out serviceF1

(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.

Annotations

Textual amendments

F1: Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2

Notes on Schedule 3

Modifications

C1: Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10