37.—(1) This regulation applies where—
(a)a notice in respect of an option to take partial retirement is treated as having been given in relation to R by virtue of regulation 34(2),
(b)R is a pensioner member in relation to a judicial office, or
(c)R is deceased.
(2) Where—
(a)the aggregate of the pension benefits that (after taking into account the effect, if any, of regulation 35(2) or (4)) have been paid under a judicial legacy scheme to any person (“the beneficiary”) in respect of R’s relevant service in a judicial office, exceeds
(b)the aggregate of the pension benefits to which the beneficiary was entitled under the scheme in respect of the service,
the beneficiary must pay the difference to the scheme.
(3) Where—
(a)the amount mentioned in sub-paragraph (2)(a), is less than
(b)the amount mentioned in sub-paragraph (2)(b),
the scheme manager must pay the difference to the beneficiary.
(4) Where—
(a)the aggregate of the lump sum benefits that (after taking into account the effect, if any, of regulation 35(2) or (4)) have been paid under a judicial legacy scheme to any person (“the beneficiary”) in respect of R’s relevant service in a judicial office, exceeds
(b)the aggregate of the lump sum benefits to which the beneficiary was entitled under the scheme in respect of the service,
the beneficiary must pay the difference to the scheme.
(5) Where—
(a)the amount mentioned in sub-paragraph (4)(a), is less than
(b)the amount mentioned in sub-paragraph (4)(b),
the scheme manager must pay the difference to the beneficiary.