Public Service Pensions and Judicial Offices Act 2022

68 Whether 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.