128Extension of periods of elections

#### 128 Extension of periods of elections (1) Where any period within which a person is entitled to make an election under this Act has expired before the day on which this Act receives the Royal Assent, the election may be made within such further period after that day as CSC allows. (2) Subject to subsection (3), where a person who is entitled to make an election under a provision of this Act: (a) is, by reason of a physical or mental incapacity, unable to make that election; or (b) dies before the expiration of the period within which the election may be made or, if a further period has been allowed, before the expiration of that further period, without his having made the election; CSC may, if it thinks it proper to do so, allow such other person as CSC thinks appropriate to make the election within such period as CSC allows, and, where the election is made by that other person, the election shall, for the purposes of this Act, be deemed to have been made by the first‑mentioned person, and has effect accordingly. (3) Notwithstanding subsection (2), CSC shall not, after the death of a recipient member, allow another person to make an election under section 24 to commute a portion of the member’s retirement pay or to make an election under section 32A to commute a portion of the member’s invalidity pay.