(1)This section applies in relation to a member (“M”) of a judicial scheme who, at the end of the election period has remediable service in a judicial office that is pensionable service under the scheme.
(2)Where—
(a)the paid contributions amount for an in-scope tax year in respect of M’s remediable service in the judicial office, exceeds
(b)the payable contributions amount for that tax year in respect of that service,
the scheme manager must (directly or indirectly) pay an amount in respect of the difference to the appropriate person.
(3)Where—
(a)the paid contributions amount for an out-of-scope tax year in respect of M’s remediable service in the judicial office, exceeds
(b)the payable contributions amount for that tax year in respect of that service,
no amount is to be paid by the scheme manager in respect of the difference to the appropriate person.
(4)Where—
(a)the paid contributions amount for an in-scope or out-of-scope tax year in respect of M’s remediable service in the judicial office, is less than
(b)the payable contributions amount for that tax year in respect of that service,
the appropriate person must pay pension contributions in respect of the difference to the scheme.
(5)A reference in this section to “the paid contributions amount” for a tax year in respect of M’s remediable service in a judicial office is a reference to the sum of—
(a)the aggregate of the pension contributions that (after taking into account the effect, if any, of section 50(2), (4) and (6)) have been paid under the scheme by M in the tax year in respect of so much of the service as was not PPA opted-out service, and
(b)where any of the remediable service was PPA opted-out service—
(i)the aggregate of the pension contributions and any voluntary contributions that have been paid by M under the partnership pension account in the tax year in respect of the PPA opted-out service, or
(ii)if lower, the aggregate of the pension contributions that (after taking into account the effect, if any, of section 42(2) to (5) or 45(2)) were payable under the scheme by M for that tax year in respect of the PPA opted-out service.
(6)A reference in this section to “the payable contributions amount” for a tax year in respect of M’s remediable service in a judicial office means the aggregate of the pension contributions that (after taking into account the effect, if any, of section 42(2) to (5) or 45(2)) were payable under the scheme by M for that tax year in respect of the service.
(7)In this section “the appropriate person” means—
(a)M, or
(b)if M is deceased, M’s personal representatives.
(8)For the purposes of this section—
(a)a tax year is “in-scope” in relation to M if any necessary adjustment to the amount of income tax paid by M in respect of PAYE income for the tax year is capable of being enforced by HMRC under PAYE regulations;
(b)a tax year is “out-of-scope” in relation to M if it is not in-scope in relation to M.
(9)A reference in this section to pension contributions or voluntary contributions paid by a person under a partnership pension account is a reference to the amount of the contributions paid, net of any tax relief under section 188 of FA 2004 (relief for contributions) to which the person was entitled in respect of them.
Modifications etc. (not altering text)
C1Ss. 40-66 excluded (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), regs. 1(b), 9(2)
Commencement Information
I1S. 52 in force at Royal Assent for specified purposes, see s. 131(1)
I2S. 52 in force at 4.7.2023 in so far as not already in force by S.I. 2023/746, reg. 2(a)