The Judicial Pensions (Remediable Service etc.) Regulations 2023
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Change 1
35 Benefits previously paid or payable
(1) Paragraph (2) applies in relation to any payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as— (a) they are calculated by reference to R’s relevant service in a salaried judicial office, and (b) they are payments that a person was not entitled to receive as benefits from the 2015 scheme. (2) The purported benefits are to be treated for all purposes— (a) as not having been paid to the person by the 2015 scheme, but (b) as having been paid to the person instead by the Part 4 judicial legacy salaried scheme. (3) Paragraph (4) applies in relation to any payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as— (a) they are calculated by reference to R’s relevant service in a fee-paid judicial office, and (b) they are payments that a person was not entitled to receive as benefits from the 2015 scheme. (4) The purported benefits are to be treated for all purposes— (a) as not having been paid to the person by the 2015 scheme, but (b) as having been paid to the person instead by the judicial legacy fee-paid scheme. (5) Where, after taking into account the effect of paragraphs (2) and (4)— (a) a judicial legacy scheme owes a person an amount in respect of benefits which are calculated by reference to R’s relevant service in a judicial office, or (b) a person owes a judicial legacy scheme an amount in respect of such benefits, such amount must be paid in accordance with regulation 37.
35 Benefits previously paid or payable
(1) Paragraph (2) applies in relation to any payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as— (a) they are calculated by reference to R’s relevant service in a salaried judicial office, and (b) they are payments that a person was not entitled to receive as benefits from the 2015 scheme. (2) The purported benefits are to be treated for all purposes— (a) as not having been paid to the person by the 2015 scheme, but (b) as having been paid to the person instead by the Part 4 judicial legacy salaried scheme. (3) Paragraph (4) applies in relation to any payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”) to a person so far as— (a) they are calculated by reference to R’s relevant service in a fee-paid judicial office, and (b) they are payments that a person was not entitled to receive as benefits from the 2015 scheme. (4) The purported benefits are to be treated for all purposes— (a) as not having been paid to the person by the 2015 scheme, but (b) as having been paid to the person instead by the judicial legacy fee-paid scheme. (5) Where, after taking into account the effect of paragraphs (2) and (4)— (a) a judicial legacy scheme owes a person an amount in respect of benefits which are calculated by reference to R’s relevant service in a judicial office, or (b) a person owes a judicial legacy scheme an amount in respect of such benefits, such amount must be paid in accordance with regulation 37.
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