Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 51: Pension benefits and lump sums benefits
This section applies where pension and lump sums benefits have already been paid from the ‘wrong’ scheme (i.e. there has been an election for different scheme membership after benefits have begun to be paid from the judicial pension scheme).
	Section 51(2) and 51(3) apply to pension benefits: 51(2) sets out that where the amount paid by the ‘wrong’ scheme exceeds the amount that should have been paid by the scheme of which the judges is now considered to have been a member (as a result of an election, or in respect of, the judge), the difference must be paid to the scheme; 51(3) sets out where the amount received from the ‘wrong’ scheme is less than would have been received, the scheme must pay the difference.
	Section 51(4) and 51(5) apply the same principles to lump sum benefits.
	Section 51(6) ensures that where a death lump sum has been paid to a PPA member, and a legacy scheme election is made in respect of the late member, the PPA death lump sum will be treated as having been paid under the relevant legacy scheme.
	Similarly, section 51(7) deals with judicial service awards (JSA) that have been paid from the legacy scheme to a member who subsequently makes a 2015 scheme election. Where that arises, the JSA is to be treated as a lump sum paid from the 2015 scheme.