# Public Service Pensions and Judicial Offices Act 2022, Section 50: Effect of elections on pension contributions previously paid or payable

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

(1) Subsection (2) applies where a member (“M”) of a judicial 2015 scheme has paid any pension contributions (“the paid contributions”) under the scheme which—
(a) are calculated by reference to M’s remediable service in a salaried judicial office, and
(b) as a result of a legacy scheme election made in respect of M, M was not required to pay to the scheme.
(2) The paid contributions are to be treated for all purposes—
(a) as not having been paid by M to the judicial 2015 scheme, but
(b) as having been paid by M instead to the relevant judicial legacy salaried scheme.
(3) Subsection (4) applies where a member (“M”) of a judicial 2015 scheme has paid any pension contributions (“the paid contributions”) under the scheme which—
(a) are calculated by reference to M’s remediable service in a fee-paid judicial office, and
(b) as a result of a legacy scheme election made in respect of M, M was not required to pay to the scheme.
(4) The paid contributions are to be treated for all purposes—
(a) as not having been paid by M to the judicial 2015 scheme, but
(b) as having been paid by M instead to the judicial legacy fee-paid scheme.
(5) Subsection (6) applies where a member (“M”) of a judicial legacy scheme has paid any pension contributions (“the paid contributions”) under the scheme which—
(a) are calculated by reference to M’s remediable service in a judicial office, and
(b) as a result of a 2015 scheme election made in respect of M, M was not required to pay to the scheme.
(6) The paid contributions are to be treated for all purposes—
(a) as not having been paid by M to the judicial legacy scheme, but
(b) as having been paid by M instead to 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 pension contributions which are calculated by reference to a member’s remediable service in a judicial office, or
(b) a person owes a judicial scheme an amount in respect of such contributions.
(9) The liability is to be discharged only in accordance with section 52 (corrections for pension contributions).

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Source: https://www.legislation.gov.uk/ukpga/2022/7/section/50 (the official version)
Page: https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-50
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.