{
  "url": "https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-36",
  "json_url": "https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-36.json",
  "legislation": "uksi/2023/766",
  "legislation_title": "The Judicial Pensions (Remediable Service etc.) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023",
  "path": "regulation/36",
  "kind": "regulation",
  "number": "36",
  "heading": "Pension contributions previously paid or payable",
  "text": "(1) Paragraph (2) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—\n(a) are calculated by reference to R’s relevant service in a salaried judicial office, and\n(b) were 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.\n(2) The purported contributions are to be treated for all purposes—\n(a) as not having been paid by R to the 2015 scheme, but\n(b) as having been paid by R instead to the Part 4 judicial legacy salaried scheme.\n(3) Paragraph (4) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—\n(a) are calculated by reference to R’s relevant service in a fee-paid judicial office, and\n(b) were 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.\n(4) The purported contributions are to be treated for all purposes—\n(a) as not having been paid by R to the 2015 scheme, but\n(b) as having been paid by R instead to the judicial legacy fee-paid scheme.\n(5) Where, after taking into account the effect of paragraphs (2) and (4)—\n(a) 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\n(b) a person owes a judicial legacy scheme an amount in respect of such contributions,\nsuch amount must be paid in accordance with regulation 38.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 36 in force at 5.7.2023, see reg. 1(b)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 103(4) of PSPJOA 2022 for the meaning of “full protection member”."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/766/regulation/36",
    "retrieved_at": "2026-10-28T21:43:02.238776+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}