Benefits previously paid or payable
35.—(1) Paragraph (2) applies in relation to any benefits (“the paid benefits”) that the 2015 scheme has at any time paid 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 benefits that a person was not entitled to receive from the 2015 scheme.
(2) The paid 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 benefits (“the paid benefits”) that the 2015 scheme has at any time paid 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 benefits that a person was not entitled to receive from the 2015 scheme.
(4) The paid 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.