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The Judicial Pensions (Remediable Service etc.) Regulations 2023

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Amendment of the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017

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2.—(1) The Judicial Pensions (Additional Voluntary Contributions) Regulations 2017(1) are amended as follows.

(2) In regulation 2(2) (interpretation)—

(a)the existing text is numbered as paragraph (1);

(b)in paragraph (1) (as mentioned in paragraph (a) above), for the definition of “active member” substitute—

““active member” has the meaning given in paragraph (2);”;

(c)after paragraph (1) (as mentioned in paragraph (a) above) insert—

“(2) In these Regulations, “active member” means a person who—

(a)is in pensionable service under the 2015 Scheme or the 2022 Scheme;

(b)would have been in pensionable service under the 2015 Scheme in the period beginning with 1st April 2015 and ending with 31st March 2022 if—

(i)a legacy scheme election had not been made in respect of the person under section 40 of the Public Service Pensions and Judicial Offices Act 2022 (“PSPJOA 2022”); or

(ii)an immediate detriment remedy had not been obtained in relation to the person’s remediable service in a judicial office; or

(c)is a relevant fee-paid judge with relevant service.

(3) A person who satisfies—

(a)paragraph (2)(b) is an “active member” for the period of their remediable service;

(b)paragraph (2)(c) is an “active member” for the period of their relevant service.

(4) For the purpose of paragraph (2)(b), an “immediate detriment remedy” has been obtained in relation to a person’s remediable service if either of the conditions in section 68(2) or (3) of PSPJOA 2022 is met.

(5) In paragraph (2)—

“a legacy scheme election” has the meaning given in section 40 of PSPJOA 2022;

“relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022;

“relevant service” has the meaning given in regulation 29(2) of the Judicial Pensions (Remediable Service etc.) Regulations 2023;

“remediable service” has the meaning given in section 39 of PSPJOA 2022.”.

(2)

Regulation 2 has been amended by S.I. 2022/319.

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