{
  "url": "https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-41",
  "json_url": "https://openlegislation.uk/judicial-pensions-remediable-service-etc-regulations-2023/regulation-41.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/41",
  "kind": "regulation",
  "number": "41",
  "heading": "Compensation for purported effective pension age payments",
  "text": "(1) This regulation applies where R has, during the period of relevant service, made any purported effective pension age payments ....\n(2) For the avoidance of doubt, any rights that would otherwise have been secured by the purported effective pension age payments , had R been entitled to make them, are extinguished.\n(3) The scheme manager must pay to the appropriate person an amount by way of compensation equal to—\n(a) the aggregate of thepurported effective pension age payments made by R, less\n(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 R would have been entitled in respect of those payments had R been entitled to make them.\n(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 that amount.\n(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)—\n(a) direction 23(4) (provision of explanation);\n(b) direction 23(5) and (6) (appeals).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 41 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 41(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(13)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 41(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(c)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 41(2) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 41(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(d)(i)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 41(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(d)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in reg. 41 heading inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(13)(a)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 41 in force at 5.7.2023, see reg. 1(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/766/regulation/41",
    "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."
}