The Judicial Pensions (Remediable Service etc.) Regulations 2023
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Change 1
7 Compensation for special payments to buy out early payment reduction
(1) This regulation applies where— (a) P has, during the period of remediable service, made any special payments under regulation 74(3)(a) or (c) of the 2015 Regulations, and (b) a legacy scheme election is made in respect of P. (2) The rights that would otherwise have been secured by the special payments are extinguished. (3) The scheme manager must pay to the appropriate person an amount by way of compensation equal to— (a) the aggregate of the special payments made by P, less (b) an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P was entitled in respect of those payments. (4) Where determining the tax relief amount under paragraph (3)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts. (5) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (3)(b) of this regulation as they apply in relation to a determination under direction 23(2)— (a) direction 23(4) (provision of explanation); (b) direction 23(5) and (6) (appeals).
7 Compensation for special payments to buy out early payment reduction
(1) This regulation applies where— (a) P has, during the period of remediable service, made any special payments under regulation 74(3)(a) or (c) of the 2015 Regulations, and (b) a legacy scheme election is made in respect of P. (2) The rights that would otherwise have been secured by the special payments are extinguished. (3) The scheme manager must pay to the appropriate person an amount by way of compensation equal to— (a) the aggregate of the special payments made by P, less (b) an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P was entitled in respect of those payments. (4) Where determining the tax relief amount under paragraph (3)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts. (5) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (3)(b) of this regulation as they apply in relation to a determination under direction 23(2)— (a) direction 23(4) (provision of explanation); (b) direction 23(5) and (6) (appeals).
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