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).