Paragraph 23A Added pension payment or purported added pension payment in respect of judges with remediable serviceF1F2
Sub-paragraph (2) applies where—
a person “P” has remediable service in a judicial office;
one or more purported added pension payments were made by P during the period of remediable service;
an immediate detriment remedy has been obtained in relation to the period of remediable service;
the notification period in relation to P under regulation 14(2) of the 2023 Regulations has passed;
a request has not been made in respect of P under regulation 24 of the 2023 Regulations; and
no payment has been made to P of a value which represents the full value of P’s purported added pension payments (as referred to in paragraph (b)).
The purported added pension payments referred to in sub-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 added pension payments.
Sub-paragraph (4) applies where—
a person “P” has remediable service in a judicial office;
P made one or more added pension payments during the period of remediable service;
a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P;
the election period in relation to P under section 69(1) of PSPJOA 2022 has passed; and
a request has not been made in respect of P under regulation 8 of the 2023 Regulations.
P is to be treated as an active member of this scheme for all purposes in connection with the added pension payments referred to in sub-paragraph (3)(b).
Annotations
Textual amendments
- F1
Sch. 1 Pt. 2 Ch. 5 inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 1(6)
- F2
Sch. 1 para. 23A substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 2(6)(b)