PART 4Provision in relation to certain fee-paid judges
CHAPTER 6Benefits and contributions previously paid or payable
Benefits previously paid or payableI135
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
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
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.