Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 11: Elections by virtue of section 10: timing and procedure
Section 11(1) provides that scheme regulations under section 10(1) must set a deadline by which an election in relation to a member’s remediable service must be made. Section 11(2) provides that the deadline must be no earlier than one year before the day on which new scheme benefits would become payable in relation to the member if they were to make an election under section 10.
	Section 11(3) states that an election must be made before the deadline and takes effect immediately before the member becomes a pensioner member of the scheme. The effect of the election in this case is therefore prospective, and the legislation specifies the timing of when the election comes into force to ensure that the member’s pension rights prospectively arise at the correct point in time (i.e. just before the pension benefits become payable).
	Section 11(4) states that where an election is made on behalf of a deceased member, the election is treated as having taken effect immediately before the member’s death. The effect of the election is therefore retrospective, and the legislation specifies the timing of that retrospection to ensure that the member’s pension rights are retrospectively treated as having arisen at the correct point in time (i.e. just before the pension benefits became payable).
	Section 11(5) sets out what scheme regulations made under section 10(1) may in particular specify, which includes how and when an election may be revoked and who may make an election in respect of a deceased member. However, under section 11(6), an election cannot lapse or be revoked after any benefits have become payable to or in respect of the member. Under section 11(7), where an election lapses or is revoked, the election is treated as never having had effect.