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The Judicial Pensions (Remediable Service etc.) Regulations 2023

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Effect of immediate detriment remedy on benefits previously paid or payableU.K.

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19.—(1) Paragraph (2) applies in relation to any [F1payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”)] to a person so far as—

(a)they are calculated by reference to P’s remediable service in a salaried judicial office, and

(b)they are [F2payments] that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive [F3as benefits] from the 2015 scheme.

(2) [F4The purported benefits] are to be treated for all purposes—

(a)as not having been paid to the person by the 2015 scheme, but

(b)as having been paid to the person instead by the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1).

(3) Paragraph (4) applies in relation to any [F5payments purporting to be benefits that the 2015 scheme has at any time paid (“the purported benefits”)] to a person so far as—

(a)they are calculated by reference to P’s remediable service in a fee-paid judicial office, and

(b)they are [F6payments] that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive [F7as benefits] from the 2015 scheme.

(4) [F8The purported benefits] are to be treated for all purposes—

(a)as not having been paid to the person by the 2015 scheme, but

(b)as having been paid to the person instead by the judicial legacy fee-paid scheme.

(5) Where, as a result of any immediate detriment remedy that has been obtained (and after taking into account the effect of paragraphs (2) and (4))—

(a)a judicial legacy scheme(1) owes a person an amount in respect of benefits which are calculated by reference to P’s remediable service, or

(b)a person owes a judicial legacy scheme an amount in respect of such benefit,

such amount must be paid in accordance with regulation 21.

Textual Amendments

Commencement Information

I1Reg. 19 in force at 5.7.2023, see reg. 1(b)

(1)

See section 70(3) for the definition of “judicial legacy scheme”.

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