# The Teachers’ Pension Scheme (Remediable Service) Regulations 2023, Regulation 10: Immediate choice decision: deemed section 6 election

Extent: E+W

(1) Where—
(a) the end of the section 6 election period in relation to M has passed,
(b) no immediate choice decision has been made, and
(c) it appears to the scheme manager that the monetary value of the remediable benefits would be higher if they were treated as benefits in the reformed scheme compared with if they were treated as benefits in the legacy scheme,
the scheme manager may treat a section 6 election as having been made in relation to M’s remediable teacher service immediately before the end of the section 6 election period.
(2) In this regulation—
“monetary value of the remediable benefits” means the amount that would be crystallised in relation to the remediable benefits immediately before they became payable in accordance with section 216 of the Finance Act 2004 as it had effect immediately before 1st October 2023;
“remediable benefits” means rights to benefits secured by virtue of M’s remediable teacher service.

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Source: https://www.legislation.gov.uk/uksi/2023/871/regulation/10 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-remediable-service-regulations-2023/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

