The Judicial Pensions (Remediable Service etc.) Regulations 2023
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Change 1
13 Application of Part
(1) This Part applies where— (a) a person (“P”) has remediable service in a judicial office, and (b) an immediate detriment remedy has been obtained in relation to that service. (2) This Part does not apply in relation to any payment or transfer of assets and liabilities that would otherwise be payable or required to be made under this Part to the extent that a corresponding payment or a corresponding transfer of assets and liabilities has been made. (3) In this regulation— (a) a “corresponding payment” is a payment that has been made in accordance with— (i) a determination described in section 68(2) of PSPJOA 2022, or (ii) an agreement described in section 68(3) of PSPJOA 2022, that relates to the same period of remediable service as a payment that is payable or required to be made under this Part; (b) a “corresponding transfer of assets and liabilities” is a transfer of assets and liabilities that has been made in accordance with a determination described in section 68(2) of PSPJOA 2022 that relates to the same period of remediable service as a transfer of assets and liabilities that is required to be made under this Part. (4) Regulations 17 to 28 do not apply in relation to P where P is a person described in— (a) regulation 16(1) and the steps mentioned in regulation 16(2) have not been taken in relation to P; (b) regulation 16(3) and the steps mentioned in regulation 16(4) have not been taken in relation to P.
13 Application of Part
(1) This Part applies where— (a) a person (“P”) has remediable service in a judicial office, and (b) an immediate detriment remedy has been obtained in relation to that service. (2) This Part does not apply in relation to any payment or transfer of assets and liabilities that would otherwise be payable or required to be made under this Part to the extent that a corresponding payment or a corresponding transfer of assets and liabilities has been made. (3) In this regulation— (a) a “corresponding payment” is a payment that has been made in accordance with— (i) a determination described in section 68(2) of PSPJOA 2022, or (ii) an agreement described in section 68(3) of PSPJOA 2022, that relates to the same period of remediable service as a payment that is payable or required to be made under this Part; (b) a “corresponding transfer of assets and liabilities” is a transfer of assets and liabilities that has been made in accordance with a determination described in section 68(2) of PSPJOA 2022 that relates to the same period of remediable service as a transfer of assets and liabilities that is required to be made under this Part. (4) Regulations 17 to 28 do not apply in relation to P where P is a person described in— (a) regulation 16(1) and the steps mentioned in regulation 16(2) have not been taken in relation to P; (b) regulation 16(3) and the steps mentioned in regulation 16(4) have not been taken in relation to P.
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