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(1)The provisions regulating the pensions which may be received under section 116 and Part I of the Second Schedule are to take effect subject to the modifications contained in this section.
(2)In this section—
“election” means an election made under sub‐section (3);
“judges' pension scheme” means the occupational pension scheme constituted by this Act;]
Definition rep. by SR 2003/482
F2[(3)A person who is eligible for a pension in respect of his office as a judge shall while in that office;
(a)be deemed to be a member of the judges' pension scheme except during such time as an election is in force in respect of him; and
[F3(b)be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the judges' pension scheme, to take effect on a date not less than one month after the date on which it was served.]
(4)At any time after a person has made an election and while he continues to hold office as a judge:
(a)he may make a written application to the Lord Chancellor requesting admission to membership of the judges' pension scheme; and
(b)the Lord Chancellor may, if satisfied that the applicant is in good health, admit him to that scheme on a date not less than three months after the date on which the application was served; and
(c)upon the date of the applicant's admission to the judges' pension scheme, his election shall cease to be in force.
(5)An applicant under sub‐section (4) shall supply such evidence relating to his health as the Lord Chancellor may reasonably require and shall submit to any medical examination reasonably specified by the Lord Chancellor.
(6)The Lord Chancellor shall notify an applicant under sub‐section (4) of his decision in writing within three months after the date on which the application was served.
(7)Subject to the provisions of sub‐section (4), an election shall be irrevocable.
(8)An election shall not affect its maker's eligibility for a pension which accrued under a judicial pension scheme before that election came into force.
(9)While an election remains in force in respect of a person, his service shall not be counted as service in computing the pension for which he is eligible under any judical pension scheme.]
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