# The Judicial Pensions Regulations 2015, Regulation 38A: Transfer value payment or purported transfer value payment in respect of judges with remediable service


(1) Paragraph (2) applies where—
(a) a person “P” has remediable service in a judicial office;
(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;
(c) an immediate detriment remedy has been obtained in relation to the period of remediable service; and
(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)).
(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.
(3) Paragraph (4) applies where—
(a) a person “P” has remediable service in a judicial office;
(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and
(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.
(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).

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Source: https://www.legislation.gov.uk/uksi/2015/182/regulation/38A (the official version)
Page: https://openlegislation.uk/judicial-pensions-regulations-2015/regulation-38A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.