Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 8: Power to deem election by virtue of section 6 to have been made
It is possible that where a pension is already in payment, the member (if they are a pensioner) or survivor or personal representative (where a member is deceased) does not engage with the process of making an immediate choice within the section 6 election period specified in section 7(2).
	Section 8 therefore provides that where no decision as to whether a section 6 election is to be made has been communicated to the scheme within the election period, scheme regulations may make provision deeming that an election has been made. This might be appropriate, for example, if the member or survivor lacks the legal capacity to make a decision. Section 8(1) provides that scheme regulations may treat a section 6 election as having been made immediately prior to the end of the election period if certain conditions have been met. Section 8(3) envisages that such conditions could relate to the value of benefits payable. This would, for example, allow a scheme to deem an election to be made where it is clear this would lead to a better outcome for the member.