# Public Service Pensions and Judicial Offices Act 2022, Section 40: Legacy scheme elections

Extent: E+W+S+N.I.

(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.

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Source: https://www.legislation.gov.uk/ukpga/2022/7/section/40 (the official version)
Page: https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.