Public Service Pensions and Judicial Offices Act 2022

49 Effect 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).