{
  "url": "https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-38A",
  "json_url": "https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-38A.json",
  "legislation": "uksi/2015/182",
  "legislation_title": "The Judicial Pensions Regulations 2015",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-regulations-2015",
  "path": "regulation/38A",
  "kind": "regulation",
  "number": "38A",
  "heading": "Transfer value payment or purported transfer value payment in respect of judges with remediable service",
  "text": "(1) Paragraph (2) applies where—\n(a) a person “P” has remediable service in a judicial office;\n(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;\n(c) an immediate detriment remedy has been obtained in relation to the period of remediable service; and\n(d) no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).\n(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.\n(3) Paragraph (4) applies where—\n(a) a person “P” has remediable service in a judicial office;\n(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and\n(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.\n(4) P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 38A substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 2(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/182/regulation/38A",
    "retrieved_at": "2026-10-28T23:48:23.803047+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}