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Paragraph 23A Added pension payment or purported added pension payment in respect of judges with remediable serviceF1F2

(1)

Sub-paragraph (2) applies where—

(a)

a person “P” has remediable service in a judicial office;

(b)

one or more purported added pension payments were made by P during the period of remediable service;

(c)

an immediate detriment remedy has been obtained in relation to the period of remediable service;

(d)

the notification period in relation to P under regulation 14(2) of the 2023 Regulations has passed;

(e)

a request has not been made in respect of P under regulation 24 of the 2023 Regulations; and

(f)

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)).

(2)

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.

(3)

Sub-paragraph (4) applies where—

(a)

a person “P” has remediable service in a judicial office;

(b)

P made one or more added pension payments during the period of remediable service;

(c)

a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P;

(d)

the election period in relation to P under section 69(1) of PSPJOA 2022 has passed; and

(e)

a request has not been made in respect of P under regulation 8 of the 2023 Regulations.

(4)

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)