PART 1Public service pension schemes

CHAPTER 2Judicial schemes

Immediate detriment cases

I1I268Whether an “immediate detriment remedy” has been obtained

1

For the purposes of section 67 an “immediate detriment remedy” has been obtained in relation to a person’s remediable service in a judicial office, if either of the following conditions is met.

2

The first condition is that—

a

a court or tribunal has determined that, as a result of a non-discrimination rule, any person has any rights under a judicial legacy scheme in respect of the remediable service, and

b

the scheme manager of the scheme has—

i

paid any benefits or compensation in accordance with the determination, or

ii

taken any other step (for example, altering records) to implement the determination.

3

The second condition is that—

a

the scheme manager of a judicial legacy scheme and any person have agreed that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of the remediable service, and

b

the scheme manager of the scheme has—

i

paid any benefits or compensation in accordance with the agreement, or

ii

taken any other step (for example, altering records) to implement the agreement.

4

In this section “non-discrimination rule” means a rule that is, or at any time was, included in a judicial scheme by virtue of—

a

section 61 of EA 2010, or

b

paragraph 2 of Schedule 1 to EEAR(NI) 2006.