Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 49: Effect of elections on benefits previously paid or payable
Section 49(1) to 49(4) deem that, where a person has made a legacy scheme election, any benefits received from a 2015 scheme are to be treated as having been paid on a year by year basis from their legacy scheme. Section 49(1) and 49(2) apply to the salaried judicial legacy scheme; 49(3) and 49(4) apply to the fee-paid judicial legacy scheme.
	Section 49(5) to 49(7) deem that, where a person has made a 2015 scheme election, any benefits paid from their legacy scheme are to be treated as having been paid on a year by year basis from the 2015 scheme.
	Where, as a result of this section, the scheme owes a person a shortfall in benefits (or vice versa where there has been an overpayment to a person), this is to be paid in line with the steps set out in section 51.