Section 40 Legacy scheme electionsI1 I2 C1

United Kingdom

(1)

An election (“a legacy scheme election”) may be made in respect of a person who has remediable service in a judicial office.

(2)

Subsection (1) is subject to subsection (3) and section 41(2) and (5) (partnership pension account: requirement to transfer and surrender rights).

(3)

A legacy scheme election may not be made in respect of a person if a 2015 scheme election has been made in respect of the person.

(4)

A legacy scheme election—

(a)

must be in writing,

(b)

must be received by the relevant authority before the end of the election period,

(c)

(subject to subsection (5)) takes effect at the end of the election period, and

(d)

is irrevocable.

(5)

In a case in which—

(a)

section 41(2) or (5) applies (election made in respect of a person with PPA opted-out service), and

(b)

the steps mentioned in section 41(3) or (6) have not been taken at the end of the election period,

the legacy scheme election takes effect immediately after the steps are taken.

Annotations

C1: Ss. 40-66 excluded (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), regs. 1(b), 9(2)

I1: S. 40 in force at Royal Assent for specified purposes, see s. 131(1)
I2: S. 40 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)