Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 10: Deferred choice to receive new scheme benefits
This section requires schemes to make regulations that permit an election to be made in relation to the remediable service of individuals who are active or deferred members when section 2(1) comes into force. Not all eligible members will be better off receiving Chapter 1 legacy scheme benefits for the remedy period. This section therefore allows active and deferred members to make the choice as to whether Chapter 1 legacy scheme or Chapter 1 new scheme benefits are most beneficial for them in the period immediately before their benefits are expected to be paid for the first time, when they will have greater certainty over factors such as their career path and earnings. It is therefore a ‘deferred choice’.
	Section 10(3) provides that where an active or deferred member has multiple employments that are pensionable separately provision must be made to allow for separate elections in respect of each entitlement. For example, an active or deferred member may have different periods of employment in a workforce or across multiple workforces and may have decided to keep their pension entitlements separate (rather than transfer service from one scheme to another or to aggregate different periods pensionable under one scheme) and where that is the case, they will be able to take a decision in relation to each entitlement.
	Section 10(4) provides that where an election is made the member or their beneficiary is entitled to Chapter 1 new scheme benefits in relation to their remediable service (in the absence of an election they (or their beneficiary) will be entitled to Chapter 1 legacy scheme benefits in relation to their remediable service by virtue of section 2(1)) and the benefits are paid from the legacy scheme.
	Section 10(5) confirms that elections under section 10 have effect in relation to the whole period of the member’s remediable service in the employment or office in question that is pensionable service under the scheme. For members who may have had tapered protection, they will not be able to retain mixed service for the period of remediable service; they must choose to receive either new scheme or legacy scheme benefits in relation to their remediable service.