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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

Pension contributions previously paid or payableN.I.

36.—(1) Paragraph (2) applies where R has [F1made 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)[F2were 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) [F3The 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 [F4made 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)[F5were 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) [F6The 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

I1Reg. 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”.