The Judicial Pensions (Remediable Service etc.) Regulations 2023

CHAPTER 6 Benefits and contributions previously paid or payable

Benefits previously paid or payable

35.—(1) Paragraph (2) applies in relation to any benefits (“the paid benefits”) that the 2015 scheme has at any time paid to a person so far as—

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

(b) they are benefits that a person was not entitled to receive from the 2015 scheme.

(2) The paid 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 Part 4 judicial legacy salaried scheme.

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

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

(b) they are benefits that a person was not entitled to receive from the 2015 scheme.

(4) The paid 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, after taking into account the effect of paragraphs (2) and (4)—

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

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

such amount must be paid in accordance with regulation 37.

Pension contributions previously paid or payable

36.—(1) Paragraph (2) applies where R has paid any pension contributions (“the paid contributions”) under the 2015 scheme which—

(a) are calculated by reference to R’s relevant service in a salaried judicial office, and

(b) had R been recognised as a full protection member(1) of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme.

(2) The paid contributions are to be treated for all purposes—

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

(b) as having been paid by R instead to the Part 4 judicial legacy salaried scheme.

(3) Paragraph (4) applies where R has paid any pension contributions (“the paid contributions”) under the 2015 scheme which—

(a) are calculated by reference to R’s relevant service in a fee-paid judicial office, and

(b) had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme.

(4) The paid contributions are to be treated for all purposes—

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

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

(5) Where, after taking into account the effect of paragraphs (2) and (4)—

(a) a judicial legacy scheme owes a person an amount in respect of pension contributions which are calculated by reference to R’s relevant service, or

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

such amount must be paid in accordance with regulation 38.

(1)

See section 103(4) of PSPJOA 2022 for the meaning of “full protection member”.