The Judicial Pensions (Remediable Service etc.) Regulations 2023

CHAPTER 1 Application and Interpretation

Application of Part

13.—(1) This Part applies where—

(a) a person (“P”) has remediable service in a judicial office, and

(b) an immediate detriment remedy has been obtained in relation to that service.

(2) This Part does not apply in relation to any payment or transfer of assets and liabilities that would otherwise be payable or required to be made under this Part to the extent that a corresponding payment or a corresponding transfer of assets and liabilities has been made.

(3) In this regulation—

(a) a “corresponding payment” is a payment that has been made in accordance with—

(i) a determination described in section 68(2) of PSPJOA 2022, or

(ii) an agreement described in section 68(3) of PSPJOA 2022,

that relates to the same period of remediable service as a payment that is payable or required to be made under this Part;

(b) a “corresponding transfer of assets and liabilities” is a transfer of assets and liabilities that has been made in accordance with a determination described in section 68(2) of PSPJOA 2022 that relates to the same period of remediable service as a transfer of assets and liabilities that is required to be made under this Part.

(4) Regulations 17 to 28 do not apply in relation to P where P is a person described in—

(a) regulation 16(1) and the steps mentioned in regulation 16(2) have not been taken in relation to P;

(b) regulation 16(3) and the steps mentioned in regulation 16(4) have not been taken in relation to P.

Interpretation of Part

14.—(1) In this Part—

“adult survivor” means a surviving spouse or surviving civil partner who is entitled under the relevant judicial legacy scheme to a pension determined (to any extent) by reference to P’s remediable service;

“relevant judicial legacy scheme” means—

(a)

in the case of—

(i)

a determination described in section 68(2) of PSPJOA 2022, or

(ii)

an agreement described in section 68(3) of PSPJOA 2022,

that P has rights under a judicial legacy salaried scheme(1), that scheme;

(b)

in the case of—

(i)

a determination described in section 68(2) of PSPJOA 2022, or

(ii)

an agreement described in section 68(3) of PSPJOA 2022,

that P has rights under the judicial legacy fee-paid scheme(2), that scheme.

(2) Subject to paragraph (3), for the purposes of this Part, the “notification period”, in relation to a person who has obtained an immediate detriment remedy, is the period of three months beginning with the date on which the statement mentioned in regulation 15 is sent.

(3) The relevant authority(3) may extend the period mentioned in paragraph (2) in relation to P if the relevant authority considers it just and equitable to do so.

(1)

See section 70(4) of PSPJOA 2022 for the meaning of “judicial legacy salaried scheme”.

(2)

See section 70(5) of PSPJOA 2022 for the meaning of “judicial legacy fee-paid scheme”.

(3)

See section 72 of PSPJOA 2022 for the meaning of “the relevant authority”.