# Public Service Pensions and Judicial Offices Act 2022, Section 49: Effect of elections on benefits previously paid or payable

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

(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—
(a) they are calculated by reference to P’s, or any other person’s, remediable service in a salaried judicial office, and
(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.
(2) The paid benefits are to be treated for all purposes—
(a) as not having been paid to P by the judicial 2015 scheme, but
(b) as having been paid to P instead by the relevant judicial legacy salaried scheme.
(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—
(a) they are calculated by reference to P’s, or any other person’s, remediable service in a fee-paid judicial office, and
(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.
(4) The paid benefits are to be treated for all purposes—
(a) as not having been paid to P by the judicial 2015 scheme, but
(b) as having been paid to P instead by the judicial legacy fee-paid scheme.
(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—
(a) they are calculated by reference to P’s, or any other person’s, remediable service in a judicial office, and
(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.
(6) The paid benefits are to be treated for all purposes—
(a) as not having been paid to P by the judicial legacy scheme, but
(b) as having been paid to P instead by the relevant 2015 scheme.
(7) In subsection (6) “the relevant 2015 scheme” means—
(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);
(b) otherwise, the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76).
(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))—
(a) a judicial scheme owes a person an amount in respect of benefits which—
(i) are calculated by reference to a member’s remediable service in a judicial office, and
(ii) were payable before the end of the election period, or
(b) a person owes a judicial scheme an amount in respect of such benefits.
(9) The liability is to be discharged only in accordance with section 51 (corrections for pension benefits and lump sum benefits).

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Source: https://www.legislation.gov.uk/ukpga/2022/7/section/49 (the official version)
Page: https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.