The Judicial Pensions (Remediable Service etc.) Regulations 2023
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Change 1
20 Effect of immediate detriment remedy on pension contributions previously paid or payable
(1) Paragraph (2) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to P’s remediable service in a salaried judicial office, and (b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme. (2) The purported contributions are to be treated for all purposes— (a) as not having been paid by P to the 2015 scheme, but (b) as having been paid by P instead to the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1). (3) Paragraph (4) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to P’s remediable service in a fee-paid judicial office, and (b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme. (4) The purported contributions are to be treated for all purposes— (a) as not having been paid by P to the 2015 scheme, but (b) as having been paid by P instead to the judicial legacy fee-paid scheme. (5) Where, as a result of any immediate detriment remedy that has been obtained (and after taking into account the effect of paragraphs (2) and (4))— (a) a judicial legacy scheme owes a person an amount in respect of pension contributions which are calculated by reference to P’s remediable service, or (b) a person owes a judicial legacy scheme an amount in respect of such contributions, such amount must be paid only in accordance with regulation 22.
20 Effect of immediate detriment remedy on pension contributions previously paid or payable
(1) Paragraph (2) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to P’s remediable service in a salaried judicial office, and (b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme. (2) The purported contributions are to be treated for all purposes— (a) as not having been paid by P to the 2015 scheme, but (b) as having been paid by P instead to the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1). (3) Paragraph (4) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to P’s remediable service in a fee-paid judicial office, and (b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme. (4) The purported contributions are to be treated for all purposes— (a) as not having been paid by P to the 2015 scheme, but (b) as having been paid by P instead to the judicial legacy fee-paid scheme. (5) Where, as a result of any immediate detriment remedy that has been obtained (and after taking into account the effect of paragraphs (2) and (4))— (a) a judicial legacy scheme owes a person an amount in respect of pension contributions which are calculated by reference to P’s remediable service, or (b) a person owes a judicial legacy scheme an amount in respect of such contributions, such amount must be paid only in accordance with regulation 22.
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