OpenLegislation

Regulation 25 Compensation for purported effective pension age paymentsF7I1

United Kingdom

(1)

This regulation applies where P has, during the period of remediable service, made any F1purported effective pension age payments F2....

(2)

F3For the avoidance of doubt, any rights that would otherwise have been secured by thepurported effective pension age payments F4, had P been entitled to make them, are extinguished.

(3)

The scheme manager must pay to the appropriate person an amount by way of compensation equal to—

(a)

the aggregate of the purported effective pension age payments made by P, less

(b)

an amount determined by the scheme manager in respect of the value of the tax relief under section 188 of FA 2004 (member contributions) to which P F5would have been entitled in respect of those payments F6had P been entitled to make them.

(4)

Where determining the tax relief amount under paragraph (3)(b), the scheme manager may adopt an approach which is reasonable in all the circumstances to approximate those amounts.

(5)

The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (3)(b) as they apply in relation to a determination under direction 23(2)—

(a)

direction 23(4) (provision of explanation);

(b)

direction 23(5) and (6) (appeals).

Annotations

Textual amendments

F1

Word in reg. 25 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(a)

F2

Words in reg. 25(1) omitted (24.1.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(b)

F3

Words in reg. 25(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(c)(i)

F4

Words in reg. 25(2) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(c)(ii)

F5

Words in reg. 25(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(d)(i)

F6

Words in reg. 25(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(d)(ii)

F7

Word in reg. 25 heading inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(a)

Commencement

I1

Reg. 25 in force at 5.7.2023, see reg. 1(b)