{
  "url": "https://openlegislation.uk/firefighters-pensions-remediable-service-scotland-regulations-2023/regulation-13",
  "json_url": "https://openlegislation.uk/firefighters-pensions-remediable-service-scotland-regulations-2023/regulation-13.json",
  "legislation": "ssi/2023/242",
  "legislation_title": "The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/firefighters-pensions-remediable-service-scotland-regulations-2023",
  "path": "regulation/13",
  "kind": "regulation",
  "number": "13",
  "heading": "Deferred choice decision to be made by M",
  "text": "(1) This regulation applies where M is the deferred choice decision-maker.\n(2) M must notify the scheme manager in a form and manner determined by the scheme manager that M intends to claim benefits in relation to M’s remediable service as a firefighter—\n(a) during the period between 12 and 6 months before the date M intends such benefits to become payable, or\n(b) during such other period that the scheme manager considers reasonable in all the circumstances.\n(3) A deferred choice decision may only be made during the period—\n(a) beginning on the date a remediable service statement is issued under regulation 4(2)(c)(i), and\n(b) ending—\n(i) at the end of the day 12 weeks after that date;\n(ii) subject to paragraph (5), at the end of such other day as the scheme manager considers reasonable in all the circumstances;\n(iii) if earlier than the time which applies by virtue of paragraph (i) or (ii), at the end of the day before benefits become payable in relation to M’s remediable service as a firefighter.\n(4) 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, if a section 10 election were made, reformed scheme benefits would become payable to or in respect of M.\n(5) A deferred choice decision made by M may be revoked—\n(a) up to 10 working days before benefits become payable in relation to M’s remediable service as a firefighter, and\n(b) by M communicating to the scheme manager notice of the revocation in a form and manner determined by the scheme manager.\n(6) Where the scheme manager receives notice that M has died before any benefits have become payable in relation to M’s remediable service as a firefighter—\n(a) any deferred choice decision made by M lapses, and\n(b) any period that has begun (whether or not it has also ended) in accordance with paragraph (3) is to be treated as never having begun (or ended).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 13(4) substituted (23.6.2025 with effect from 1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/113), regs. 1(2), 2(6)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 13 in force at 1.10.2023, see reg. 1(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2023/242/regulation/13",
    "retrieved_at": "2026-10-28T20:44:10.929580+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}