Regulation 36 Pension contributions previously paid or payableI1
United Kingdom
Paragraph (2) applies where R has F1made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
are calculated by reference to R’s relevant service in a salaried judicial office, and
F3The purported contributions are to be treated for all purposes—
as not having been paid by R to the 2015 scheme, but
as having been paid by R instead to the Part 4 judicial legacy salaried scheme.
Paragraph (4) applies where R has F4made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
are calculated by reference to R’s relevant service in a fee-paid judicial office, and
F5were payments which, had R been recognised as a full protection member of a judicial legacy scheme in relation to that service, R would not have been required to pay to the 2015 scheme.
F6The purported contributions are to be treated for all purposes—
as not having been paid by R to the 2015 scheme, but
as having been paid by R instead to the judicial legacy fee-paid scheme.
Where, after taking into account the effect of paragraphs (2) and (4)—
a judicial legacy scheme owes a person an amount in respect of pension contributions which are calculated by reference to R’s relevant service, or
a person owes a judicial legacy scheme an amount in respect of such contributions,
such amount must be paid in accordance with regulation 38.
Annotations
Textual amendments
- F1
Words in reg. 36(1) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(a)(i)
- F2
Words in reg. 36(1)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(a)(ii)
- F3
Words in reg. 36(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(b)
- F4
Words in reg. 36(3) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(c)(i)
- F5
Words in reg. 36(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(c)(ii)
- F6
Words in reg. 36(4) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(d)
Commencement
- I1
Reg. 36 in force at 5.7.2023, see reg. 1(b)
Footnotes
- f1
-
See section 103(4) of PSPJOA 2022 for the meaning of “full protection member”.