# The Judicial Pensions (Remediable Service etc.) Regulations 2023, Regulation 36: Pension contributions previously paid or payable

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

(1) Paragraph (2) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
(a) are calculated by reference to R’s relevant service in a salaried judicial office, and
(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.
(2) The purported contributions are to be treated for all purposes—
(a) as not having been paid by R to the 2015 scheme, but
(b) as having been paid by R instead to the Part 4 judicial legacy salaried scheme.
(3) Paragraph (4) applies where R has made any payments purporting to be pension contributions under the 2015 scheme (“the purported contributions”) which—
(a) are calculated by reference to R’s relevant service in a fee-paid judicial office, and
(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.
(4) The purported contributions are to be treated for all purposes—
(a) as not having been paid by R to the 2015 scheme, but
(b) as having been paid by R instead to the judicial legacy fee-paid scheme.
(5) Where, 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 R’s relevant service, or
(b) a person owes a judicial legacy scheme an amount in respect of such contributions,
such amount must be paid in accordance with regulation 38.

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Source: https://www.legislation.gov.uk/uksi/2023/766/regulation/36 (the official version)
Page: https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.