PART 3Provision where an immediate detriment remedy has been obtained
CHAPTER 6Benefits and contributions previously paid or payable
Effect of immediate detriment remedy on benefits previously paid or payableI119
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 P’s remediable service in a salaried judicial office, and
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 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 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 P’s remediable service in a fee-paid judicial office, and
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, 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 scheme23 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.