# Public Service Pensions and Judicial Offices Act 2022, Section 46: Person by whom election is to be made

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

(1) 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—
(a) the adult survivor, or
(b) if there is no adult survivor, P’s personal representatives.
(2) 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.
(3) In subsection (2) “the relevant judicial scheme” means the judicial scheme under which P most recently accrued pensionable service.

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Source: https://www.legislation.gov.uk/ukpga/2022/7/section/46 (the official version)
Page: https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.