# The Judicial Pensions (Remediable Service etc.) Regulations 2023, Regulation 20: Effect of immediate detriment remedy on pension contributions previously paid or payable

Extent: E+W+S+N.I.

(1) Paragraph (2) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
(a) are calculated by reference to P’s remediable service in a salaried judicial office, and
(b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme.
(2) The purported contributions are to be treated for all purposes—
(a) as not having been paid by P to the 2015 scheme, but
(b) as having been paid by P instead to the scheme mentioned in sub-paragraph (a) of the definition of “relevant judicial legacy scheme” in regulation 14(1).
(3) Paragraph (4) applies where P has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
(a) are calculated by reference to P’s remediable service in a fee-paid judicial office, and
(b) as a result of any immediate detriment remedy that has been obtained in relation to that service, were not payments that P was required to make under the 2015 scheme.
(4) The purported contributions are to be treated for all purposes—
(a) as not having been paid by P to the 2015 scheme, but
(b) as having been paid by P instead to the judicial legacy fee-paid scheme.
(5) Where, as a result of any immediate detriment remedy that has been obtained (and after taking into account the effect of paragraphs (2) and (4))—
(a) a judicial legacy scheme owes a person an amount in respect of pension contributions which are calculated by reference to P’s remediable service, or
(b) a person owes a judicial legacy scheme an amount in respect of such contributions,
such amount must be paid only in accordance with regulation 22.

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Source: https://www.legislation.gov.uk/uksi/2023/766/regulation/20 (the official version)
Page: https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

