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PART 4N.I.Provision in relation to certain fee-paid judges

CHAPTER 6N.I.Benefits and contributions previously paid or payable

Benefits previously paid or payableN.I.

35.—(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 R’s relevant service in a salaried judicial office, and

(b)they are [F2payments] that a person was not entitled to receive [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 Part 4 judicial legacy salaried scheme.

(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 R’s relevant service in a fee-paid judicial office, and

(b)they are [F6payments] that a person was not entitled to receive [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, after taking into account the effect of paragraphs (2) and (4)—

(a)a judicial legacy scheme owes a person an amount in respect of benefits which are calculated by reference to R’s relevant service in a judicial office, or

(b)a person owes a judicial legacy scheme an amount in respect of such benefits,

such amount must be paid in accordance with regulation 37.

Textual Amendments

Commencement Information

I1Reg. 35 in operation at 24.7.2023, see reg. 1(b)

Pension contributions previously paid or payableN.I.

36.—(1) Paragraph (2) applies where R has [F9made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”)] which—

(a)are calculated by reference to R’s relevant service in a salaried judicial office, and

(b)[F10were payments which,] had R been recognised as a full protection member(1) of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme.

(2) [F11The purported contributions] are to be treated for all purposes—

(a)as not having been paid by R to the 2015 scheme, but

(b)as having been paid by R instead to the Part 4 judicial legacy salaried scheme.

(3) Paragraph (4) applies where R has [F12made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”)] which—

(a)are calculated by reference to R’s relevant service in a fee-paid judicial office, and

(b)[F13were payments which,] had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme.

(4) [F14The purported contributions] are to be treated for all purposes—

(a)as not having been paid by R to the 2015 scheme, but

(b)as having been paid by R instead to the judicial legacy fee-paid scheme.

(5) Where, 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 R’s relevant service, or

(b)a person owes a judicial legacy scheme an amount in respect of such contributions,

such amount must be paid in accordance with regulation 38.

Textual Amendments

Commencement Information

I2Reg. 36 in operation at 24.7.2023, see reg. 1(b)

(1)

See section 103(4) of PSPJOA 2022 for the meaning of “full protection member”.