Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 42: Legacy scheme elections: effect
Section 42(1) to 42(5) provide that, when a person elects legacy scheme membership, any remediable service in the 2015 scheme, or remediable service where a judge opted out of a judicial pension, will be treated as pensionable service under the relevant judicial legacy scheme (either the fee-paid scheme or the appropriate salaried scheme). Consequently, any service previously in the 2015 scheme will be extinguished (although see section 42(7)).
	Section 42(6) provides that the effect of making a legacy scheme election is that individuals’ pensionable service will be treated as if it had always been in the legacy scheme for the purposes of determining pension benefits and pension contributions and (unless provided for otherwise) for all other purposes.
	Section 42(7) permits a person to make a legacy scheme election while being able to retain certain member rights in the 2015 scheme, such as transfers of external pension benefits or added pension.