The Judicial Pensions (Remediable Service etc.) Regulations 2023
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Change 1
36 Pension contributions previously paid or payable
(1) Paragraph (2) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to R’s relevant service in a salaried judicial office, and (b) were payments which, had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme. (2) The purported contributions are to be treated for all purposes— (a) as not having been paid by R to the 2015 scheme, but (b) as having been paid by R instead to the Part 4 judicial legacy salaried scheme. (3) Paragraph (4) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to R’s relevant service in a fee-paid judicial office, and (b) were payments which, had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme. (4) The purported contributions are to be treated for all purposes— (a) as not having been paid by R to the 2015 scheme, but (b) as having been paid by R instead to 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 pension contributions which are calculated by reference to R’s relevant service, or (b) a person owes a judicial legacy scheme an amount in respect of such contributions, such amount must be paid in accordance with regulation 38.
36 Pension contributions previously paid or payable
(1) Paragraph (2) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to R’s relevant service in a salaried judicial office, and (b) were payments which, had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme. (2) The purported contributions are to be treated for all purposes— (a) as not having been paid by R to the 2015 scheme, but (b) as having been paid by R instead to the Part 4 judicial legacy salaried scheme. (3) Paragraph (4) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which— (a) are calculated by reference to R’s relevant service in a fee-paid judicial office, and (b) were payments which, had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme. (4) The purported contributions are to be treated for all purposes— (a) as not having been paid by R to the 2015 scheme, but (b) as having been paid by R instead to 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 pension contributions which are calculated by reference to R’s relevant service, or (b) a person owes a judicial legacy scheme an amount in respect of such contributions, such amount must be paid in accordance with regulation 38.
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