- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Judicial Pensions (Remediable Service etc.) Regulations (Northern Ireland) 2023, CHAPTER 6.
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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 [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 [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
F1Words in reg. 19(1) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(a)(i)
F2Word in reg. 19(1)(b) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(a)(ii)(aa)
F3Words in reg. 19(1)(b) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(a)(ii)(bb)
F4Words in reg. 19(2) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(b)
F5Words in reg. 19(3) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(c)(i)
F6Word in reg. 19(3)(b) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(c)(ii)(aa)
F7Words in reg. 19(3)(b) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(c)(ii)(bb)
F8Words in reg. 19(4) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(4)(d)
Commencement Information
I1Reg. 19 in operation at 24.7.2023, see reg. 1(b)
20.—(1) Paragraph (2) applies where P has [F9made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”)] which—
(a)are calculated by reference to P’s remediable service in a salaried judicial office, and
(b)as a result of any immediate detriment remedy that has been obtained in relation to that service, [F10were not payments that P was required to make under the 2015 scheme] .
(2) [F11The purported contributions] are to be treated for all purposes—
(a)as not having been paid by P to the 2015 scheme, but
(b)as having been paid by P instead to the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1).
(3) Paragraph (4) applies where P has [F12made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”)] which—
(a)are calculated by reference to P’s remediable service in a fee-paid judicial office, and
(b)as a result of any immediate detriment remedy that has been obtained in relation to that service, [F13were not payments that P was required to make under the 2015 scheme] .
(4) [F14The purported contributions] are to be treated for all purposes—
(a)as not having been paid by P to the 2015 scheme, but
(b)as having been paid by P instead to 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 owes a person an amount in respect of pension contributions 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 contributions,
such amount must be paid only in accordance with regulation 22.
Textual Amendments
F9Words in reg. 20(1) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(a)(i)
F10Words in reg. 20(1)(b) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(a)(ii)
F11Words in reg. 20(2) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(b)
F12Words in reg. 20(3) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(c)(i)
F13Words in reg. 20(3)(b) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(c)(ii)
F14Words in reg. 20(4) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(5)(d)
Commencement Information
I2Reg. 20 in operation at 24.7.2023, see reg. 1(b)
See section 70(3) for the definition of “judicial legacy scheme”.
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