PART 1Public service pension schemes
CHAPTER 1Schemes other than judicial schemes and local government schemes
Retrospective provision about remediable service
3Benefits already paid
(1)
Subsection (2) applies in relation to any benefits (“the paid benefits”) that a Chapter 1 new scheme has at any time paid to a person (“P”) so far as—
(a)
they are calculated by reference to P’s, or any other person’s, remediable service in an employment or office, and
(b)
they are benefits that, as a result of section 2(1)(a), P was not entitled to receive from the scheme.
(2)
The paid benefits are to be treated for all purposes—
(a)
as not having been paid to P by the Chapter 1 new scheme, but
(b)
as having been paid to P instead by the relevant Chapter 1 legacy scheme.