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.