Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 12: Power to deem election by virtue of section 10 to have been made
While it is less likely that an active or deferred member will fail to engage with the decision-making process than a pensioner member or representative of a deceased member (as they will need to communicate with the scheme in order for their pension to be put into payment when they retire), it is still possible that the member will not make a decision.
	Section 12 therefore provides that scheme regulations made by virtue of section 10(1) may make provision about cases where no decision as to whether an election is to be made is communicated to the scheme before the specified deadlines set in accordance with section 11(1). This might be appropriate, for example, if the member or survivor lacks the legal capacity to make a decision.
	Section 12(2) and 12(3) set out that provision may be made to deem an election to have been made (so the member would be entitled to new scheme benefits) and to specify conditions that are to be met if that is to be the case. Section 12(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.