{
  "url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-1/part-II/rule-7",
  "json_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-1/part-II/rule-7.json",
  "legislation": "uksi/2012/687",
  "legislation_title": "The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012",
  "legislation_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012",
  "path": "schedule/1/part/II/rule/7",
  "kind": "rule",
  "number": "7",
  "heading": "Application of Sections A and B – election for Section B benefits",
  "text": "(1) Any Section A Active may elect by notice in writing given to the Minister for the Civil Service in the form from time to time prescribed and received by him before the relevant date mentioned in sub-paragraph (2) below to be subject to the Section B Rules (in place of the Section A Rules), although remaining a Member of Section A. A Section A Active who, having been enabled at the time by the General Rules then in force to do so, has revoked an election under this sub-paragraph, shall be entitled again to make such an election provided that the provisions of this sub-paragraph can be and are complied with.\n(2) The relevant date is three months before a Section A Active’s benefits commence or, if earlier, the date six months after the Section A Active’s RMPP Exit Date.\n(3) The Minister for the Civil Service may extend the period during which an election may be made to such later date as he may specify.\n(4) An election under sub-paragraph (1) of this Rule shall be irrevocable and shall have effect on the date on which it is received by the Minister for the Civil Service or on the date on which the Member retired, whichever is the earlier.\n(5) If a Section A Active entitled to make an election under sub-paragraph (1) dies without making such election and within the prescribed period for making an election under that sub-paragraph, the Minister for the Civil Service shall pay the benefits (either under the Section A Rules or under the Section B Rules) which in his opinion are the more favourable and his decision shall be final, but the Minister for the Civil Service shall be entitled to change his decision where he is of the opinion that such change would enable him to pay benefits which are more favourable.\n(6) If the Minister for the Civil Service is satisfied that a Section A Active entitled to make an election under sub-paragraph (1) is by reason of mental incapacity unable to do so within the prescribed period for doing so, the Minister for the Civil Service shall pay the benefits (either under the Section A Rules or under the Section B Rules) which in his opinion are the more favourable, and his decision shall be final whether or not the Section A Active recovers his or her capacity to manage his or her own affairs but the Minister for the Civil Service shall be entitled to change his decision where he is of the opinion that such change would enable him to pay benefits which are more favourable.\n(7) Where a Section A Active who has received benefits on retirement under the Section A Rules elects to be subject to the Section B Rules, any lump sum to which that Section A Active may be entitled under the Section B Rules shall be reduced by the amount of any lump sum received by that Section A Active under the Section A Rules.\n(8) For the purpose of this Rule a person who has received such benefits or return of contributions as may have been due to that person on retirement shall be deemed to have retired notwithstanding that the person is re-employed by an Employer.\n(9) This Rule applies despite anything in Rule 4 (Payment of RMSPS benefits) of the Section A Rules and Rule 4 (Payment of RMSPS benefits, retirement options and flexible retirement) of the Section B Rules.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 6(3) (with art. 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 Pt. II rule 7 not in force at made date, see art. 1(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 1 Pt. II rule 7 in force at 1.4.2012 by S.I. 2012/966, arts. 2, 3(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/687/schedule/1/part/II/rule/7",
    "retrieved_at": "2026-10-29T01:38:16.243439+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."
}