PART 5Pension accounts
CHAPTER 5Active member's account
F1Transfer value payment or purported transfer value payment in respect of judges with remediable service38A.
(1)
Paragraph (2) applies where—
(a)
a person “P” has remediable service in a judicial office;
(b)
one or more purported transfer value payments were made in relation to P during the period of remediable service;
(c)
an immediate detriment remedy has been obtained in relation to the period of remediable service; and
(d)
no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).
(2)
The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.
(3)
Paragraph (4) applies where—
(a)
a person “P” has remediable service in a judicial office;
(b)
one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and
(c)
a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.
(4)
P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).