Public Service Pensions and Judicial Offices Act 2022

45 2015 scheme elections: effect U.K.

(1) Subsection (2) applies where a 2015 scheme election is made in respect of a person.

(2) The person’s remediable service in any judicial office (whether salaried or fee-paid), to the extent that it is otherwise pensionable service under a judicial legacy scheme, is treated—

(a) as not being, and as never having been, pensionable service under that scheme, and

(b) as being, and as always having been, pensionable service under the relevant 2015 scheme.

(3) In subsection (2) “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).

(4) Subsection (2) has effect—

(a) for the purposes of determining which judicial scheme is (or at any time was) required to pay benefits to or in respect of a member,

(b) for the purposes of determining the amount of any benefits that are (or at any time were) payable under a judicial scheme to or in respect of a member,

(c) for the purposes of determining the judicial scheme to which a member is (or at any time was) required to pay pension contributions under a judicial scheme,

(d) for the purposes of determining the amount of any pension contributions that are (or at any time were) payable under judicial schemes by members, and

(e) subject to any provision of this Chapter to the contrary, for all other purposes.

(5) Subsection (2) does not affect—

(a) any arrangements under a judicial scheme under which a member pays contributions to the scheme on a voluntary basis so as to secure additional benefits, or the earlier payment of benefits, under the scheme, or

(b) any rights under a judicial scheme in respect of a transfer in to the scheme of an amount in respect of rights accrued under another pension scheme.

Modifications etc. (not altering text)

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 Information

I1 S. 45 in force at Royal Assent for specified purposes, see s. 131(1)

I2 S. 45 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)