PART 1Public service pension schemes

CHAPTER 2Judicial schemes

Options exercise: further provision

I1I2C149Effect of elections on benefits previously paid or payable

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).