Section 46 Person by whom election is to be madeI1I2C1
United Kingdom
The person by whom a legacy scheme election or 2015 scheme election in respect of a person (“P”) is to be made is P or, if P is deceased—
the adult survivor, or
if there is no adult survivor, P’s personal representatives.
In this section “adult survivor” means a surviving spouse, civil partner or other adult who is entitled under the relevant judicial scheme to a pension determined (to any extent) by reference to P’s remediable service.
In subsection (2) “the relevant judicial scheme” means the judicial scheme under which P most recently accrued pensionable service.
Annotations
Modifications
- 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)
Commencement
- I1
S. 46 in force at Royal Assent for specified purposes, see s. 131(1)
- I2
S. 46 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)