{
  "url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-49",
  "json_url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-49.json",
  "legislation": "ukpga/2022/7",
  "legislation_title": "Public Service Pensions and Judicial Offices Act 2022",
  "legislation_url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022",
  "path": "section/49",
  "kind": "section",
  "number": "49",
  "heading": "Effect of elections on benefits previously paid or payable",
  "text": "(1) Subsection (2) applies in relation to any benefits (“the paid benefits”) that a judicial 2015 scheme has at any time paid to a person (“P”) so far as—\n(a) they are calculated by reference to P’s, or any other person’s, remediable service in a salaried judicial office, and\n(b) they are benefits that, as a result of a legacy scheme election made in respect of P or any other person, P was not entitled to receive from the scheme.\n(2) The paid benefits are to be treated for all purposes—\n(a) as not having been paid to P by the judicial 2015 scheme, but\n(b) as having been paid to P instead by the relevant judicial legacy salaried scheme.\n(3) Subsection (4) applies in relation to any benefits (“the paid benefits”) that a judicial 2015 scheme has at any time paid to a person (“P”) so far as—\n(a) they are calculated by reference to P’s, or any other person’s, remediable service in a fee-paid judicial office, and\n(b) they are benefits that, as a result of a legacy scheme election made in respect of P or any other person, P was not entitled to receive from the scheme.\n(4) The paid benefits are to be treated for all purposes—\n(a) as not having been paid to P by the judicial 2015 scheme, but\n(b) as having been paid to P instead by the judicial legacy fee-paid scheme.\n(5) Subsection (6) applies in relation to any benefits (“the paid benefits”) that a judicial legacy scheme has at any time paid to a person (“P”) so far as—\n(a) they are calculated by reference to P’s, or any other person’s, remediable service in a judicial office, and\n(b) they are benefits that, as a result of a 2015 scheme election made in respect of P or any other person, P was not entitled to receive from the scheme.\n(6) The paid benefits are to be treated for all purposes—\n(a) as not having been paid to P by the judicial legacy scheme, but\n(b) as having been paid to P instead by the relevant 2015 scheme.\n(7) In subsection (6) “the relevant 2015 scheme” means—\n(a) in relation to service in a judicial office within section 71(1)(a) or (b), the Judicial Pensions Regulations 2015 (S.I. 2015/182);\n(b) otherwise, the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76).\n(8) Subsection (9) applies where, as a result of a legacy scheme election or 2015 scheme election (and after taking into account the effect of subsections (2), (4) and (6))—\n(a) a judicial scheme owes a person an amount in respect of benefits which—\n(i) are calculated by reference to a member’s remediable service in a judicial office, and\n(ii) were payable before the end of the election period, or\n(b) a person owes a judicial scheme an amount in respect of such benefits.\n(9) The liability is to be discharged only in accordance with section 51 (corrections for pension benefits and lump sum benefits).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 49 in force at Royal Assent for specified purposes, see s. 131(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 49 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/7/section/49",
    "retrieved_at": "2026-10-29T08:57:27.065737+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}