Legislation – Public Service Pensions and Judicial Offices Act 2022

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PART 1Public service pension schemes

CHAPTER 2Judicial schemes

Options exercise: further provision

49Effect 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).