42Legacy scheme elections: effectU.K.
(1)Subsections (2) to (5) apply where a legacy scheme election is made in respect of a person.
(2)The person’s remediable service in any salaried judicial office, to the extent that it is otherwise pensionable service under a judicial 2015 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 judicial legacy salaried scheme.
(3)The person’s remediable service in any salaried judicial office, to the extent that it is otherwise opted-out service, is treated as being, and as always having been, pensionable service under the relevant judicial legacy salaried scheme.
(4)The person’s remediable service in any fee-paid judicial office, to the extent that it is otherwise pensionable service under a judicial 2015 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 judicial legacy fee-paid scheme.
(5)The person’s remediable service in any fee-paid judicial office, to the extent that it is otherwise opted-out service, is treated as being, and as always having been, pensionable service under the judicial legacy fee-paid scheme.
(6)Subsections (2) to (5) have 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.
(7)Subsections (2) to (5) do 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)
C1Ss. 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
I1S. 42 in force at Royal Assent for specified purposes, see s. 131(1)
I2S. 42 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)