49 Effect of elections on benefits previously paid or payable

49  Effect of elections on benefits previously paid or payable

(1)     Subsection (2) applies in relation to any benefits (“the paid benefits”) that a judicial 2015 scheme has at any time paid to a person (“P”) so far as—

(a)     they are calculated by reference to P's, or any other person's, remediable service in a salaried judicial office, and

(b)     they are benefits that, as a result of a legacy scheme election made in respect of P or any other person, P was not entitled to receive from the scheme.

(2)     The paid benefits are to be treated for all purposes—

(a)     as not having been paid to P by the judicial 2015 scheme, but

(b)     as having been

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