Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 40: Legacy scheme elections
This section sets out how a legacy scheme election is made.
	Section 40(1) provides that a legacy scheme election may be made if a judge has remediable service (as defined in section 39) and has not made a 2015 scheme election. A judge with salaried remediable service in the PPA may not make a legacy scheme election if they have not complied with the requirement in section 41 regarding the transfer and surrender of their PPA rights. In the case where a judge is deceased see section 46 for who can make the election.
	Section 40(4) sets out how and when a legacy scheme election is to be made and provides that such an election is irrevocable. Section 40(5) provides that an election takes place at the end of the election period or, in the case of a judge with salaried remediable service in the PPA, after the requirement to transfer and surrender rights under section 41, if later.