23.—(1) This regulation applies where P has, during the period of remediable service, made any [F1purported] special paymentsF2....
(2) [F3For the avoidance of doubt, any rights] that would otherwise have been secured by the [F1purported] special payments [F4had P been entitled to make them] are extinguished.
(3) The scheme manager must pay to the appropriate person an amount by way of compensation equal to—
(a)the aggregate of the [F1purported]special payments made by P, less
(b)an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P [F5would have been] entitled in respect of those payments [F6had P been entitled to make them] .
(4) Where determining the tax relief amount under paragraph (3)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts.
(5) The following provisions of the PSP Directions 2023 apply in relation to a determination under paragraph (3)(b) as they apply in relation to a determination under direction 23(2)—
(a)direction 23(4) (provision of explanation);
(b)direction 23(5) and (6) (appeals).
Textual Amendments
F1Word in reg. 23 inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(6)(a)
F2Words in reg. 23(1) omitted (24.5.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(6)(b)
F3Words in reg. 23(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(6)(c)(i)
F4Words in reg. 23(2) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(6)(c)(ii)
F5Words in reg. 23(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(6)(d)(i)
F6Words in reg. 23(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(6)(d)(ii)
Commencement Information
I1Reg. 23 in operation at 24.7.2023, see reg. 1(b)
24.—(1) This regulation applies where—
(a)P has, during the period of remediable service, made any [F7purported] added pension paymentsF8..., and
(b)regulation 129(1)(b) of the 2015 Regulations does not apply in respect of those payments.
(2) Where the appropriate person makes a request for compensation in respect of the [F7purported]added pension payments—
(a)[F9for the avoidance of doubt, any rights] that would otherwise have been secured by the[F7purported] added pension payments [F10, had P been entitled to make them,] are extinguished, and
(b)the scheme manager must pay to the appropriate person an amount by way of compensation equal to—
(i)the aggregate of the [F7purported]added pension payments paid by P, less
(ii)an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P [F11would have been] entitled in respect of those payments [F12had P been entitled to make them] .
(3) Where determining the tax relief amount under paragraph (2)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts.
(4) The following provisions of the PSP Directions 2023 apply in relation to a determination under paragraph (2)(b) of this regulation as they apply in relation to a determination under direction 23(2)—
(a)direction 23(4) (provision of explanation);
(b)direction 23(5) and (6) (appeals).
(5) A request under paragraph (2) is irrevocable and must be—
(a)made by notice to the scheme manager,
(b)in a form required by the scheme manager, and
(c)received by the scheme manager before the end of the notification period.
Textual Amendments
F7Word in reg. 24 inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(a)
F8Words in reg. 24(1)(a) omitted (24.5.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(b)
F9Words in reg. 24(2)(a) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(c)(i)
F10Words in reg. 24(2)(a) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(c)(ii)
F11Words in reg. 24(2)(b)(ii) substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(d)(i)
F12Words in reg. 24(2)(b)(ii) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(7)(d)(ii)
Commencement Information
I2Reg. 24 in operation at 24.7.2023, see reg. 1(b)
25.—(1) This regulation applies where P has, during the period of remediable service, made any [F13purported] effective pension age payments F14....
(2) [F15For the avoidance of doubt, any rights] that would otherwise have been secured by the [F13purported] effective pension age payments [F16, had P been entitled to make them,] are extinguished.
(3) The scheme manager must pay to the appropriate person an amount by way of compensation equal to—
(a)the aggregate of the [F13purported] effective pension age payments made by P, less
(b)an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P [F17would have been] entitled in respect of those payments [F18had P been entitled to make them] .
(4) Where determining the tax relief amount under paragraph (3)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts.
(5) The following provisions of the PSP Directions 2023 apply in relation to a determination under paragraph (3)(b) as they apply in relation to a determination under direction 23(2)—
(a)direction 23(4) (provision of explanation);
(b)direction 23(5) and (6) (appeals).
Textual Amendments
F13Word in reg. 25 inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(8)(a)
F14Words in reg. 25(1) omitted (24.5.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(8)(b)
F15Words in reg. 25(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(8)(c)(i)
F16Words in reg. 25(2) inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 3(8)(c)(ii)
F17Words in reg. 25(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(8)(d)(i)
F18Words in reg. 25(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(8)(d)(ii)
Commencement Information
I3Reg. 25 in operation at 24.7.2023, see reg. 1(b)