PART 1Public service pension schemes
CHAPTER 2Judicial schemes
Options exercise
46Person by whom election is to be made
(1)
The person by whom a legacy scheme election or 2015 scheme election in respect of a person (“P”) is to be made is P or, if P is deceased—
(a)
the adult survivor, or
(b)
if there is no adult survivor, P’s personal representatives.
(2)
In this section “adult survivor” means a surviving spouse, civil partner or other adult who is entitled under the relevant judicial scheme to a pension determined (to any extent) by reference to P’s remediable service.
(3)
In subsection (2) “the relevant judicial scheme” means the judicial scheme under which P most recently accrued pensionable service.