46Person by whom election is to be madeU.K.
(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.
Modifications etc. (not altering text)
C1Ss. 40-66 excluded (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), regs. 1(b), 9(2)
Commencement Information
I1S. 46 in force at Royal Assent for specified purposes, see s. 131(1)
I2S. 46 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)