The Judicial Pensions (Remediable Service etc.) Regulations (Northern Ireland) 2023 No. 107

PART 3 Provision where an immediate detriment remedy has been obtained

CHAPTER 6 Benefits and contributions previously paid or payable

Effect of immediate detriment remedy on benefits previously paid or payable

19.—(1) Paragraph (2) applies in relation to any benefits (“the paid benefits”) that the 2015 scheme has at any time paid 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 benefits that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive from the 2015 scheme.

(2) The paid 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 benefits (“the paid benefits”) that the 2015 scheme has at any time paid 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 benefits that, as a result of any immediate detriment remedy that has been obtained in relation to that service, a person was not entitled to receive from the 2015 scheme.

(4) The paid 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.

Effect of immediate detriment remedy on pension contributions previously paid or payable

20.—(1) Paragraph (2) applies where P has paid any pension contributions (“the paid contributions”) under the 2015 scheme 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, P was not required to pay to the 2015 scheme.

(2) The paid 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 paid any pension contributions (“the paid contributions”) under the 2015 scheme 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, P was not required to pay to the 2015 scheme.

(4) The paid 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.

(1)

See section 70(3) for the definition of “judicial legacy scheme”.