Paragraph 11 Multiple beneficiaries: one or more adults and one or more childrenI1

Scotland

(1)

Where the beneficiaries include one or more adults and one or more children—

(a)

M’s personal representative is the eligible decision-maker;

(b)

where M has no personal representative, and—

(i)

one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker;

(ii)

none of the beneficiaries is a surviving adult and—

(aa)

one or more of the beneficiaries is an eligible child, or

(bb)

one of the beneficiaries is a surviving adult or an eligible child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

(2)

Where sub-paragraph (1)(b)(ii) applies, and—

(a)

all relevant children are under 18 and—

(i)

have the same guardian, the eligible-decision maker is that guardian;

(ii)

do not have the same guardian, the eligible decision-maker is the scheme manager;

(b)

all relevant children are 18 or over, the eligible decision-maker is—

(i)

the person agreed upon by those relevant children, or

(ii)

where no decision about whether to make an election has been received by F1... the scheme manager by the day four weeks before an election must in accordance with these Regulations, be received by the scheme manager F2, the scheme manager;

(c)

one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—

(i)

the relevant children who are 18 or over, and

(ii)

the guardian (or guardians) of the relevant children who are under 18.

(3)

In sub-paragraph (2), a relevant child is—

(a)

where sub-paragraph (1)(b)(ii)(aa) applies, an eligible child;

(b)

where sub-paragraph (1)(b)(ii)(bb) applies, a person who meets one of the conditions in regulation 85(3) to (5) of the 2015 Regulations.

Annotations

Textual amendments

F1: Word in sch. para. 11(2)(b)(ii) omitted (23.6.2025 with effect from 1.10.2023) by virtue of The Firefighters’ Pensions (Remediable Service) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/113), regs. 1(2), 2(17)(c)(i)
F2: Words in sch. para. 11(2)(b)(ii) inserted (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(17)(c)(ii)

Commencement

I1: Sch. para. 11 in force at 1.10.2023, see reg. 1(b)