# The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023, Regulation 13: Deferred choice decision to be made by M

Extent: S

(1) This regulation applies where M is the deferred choice decision-maker.
(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—
(a) during the period between 12 and 6 months before the date M intends such benefits to become payable, or
(b) during such other period that the scheme manager considers reasonable in all the circumstances.
(3) A deferred choice decision may only be made during the period—
(a) beginning on the date a remediable service statement is issued under regulation 4(2)(c)(i), and
(b) ending—
(i) at the end of the day 12 weeks after that date;
(ii) subject to paragraph (5), at the end of such other day as the scheme manager considers reasonable in all the circumstances;
(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.
(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.
(5) A deferred choice decision made by M may be revoked—
(a) up to 10 working days before benefits become payable in relation to M’s remediable service as a firefighter, and
(b) by M communicating to the scheme manager notice of the revocation in a form and manner determined by the scheme manager.
(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—
(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 paragraph (3) is to be treated as never having begun (or ended).

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Source: https://www.legislation.gov.uk/ssi/2023/242/regulation/13 (the official version)
Page: https://openlegislation.uk/firefighters-pensions-remediable-service-scotland-regulations-2023/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.