(ii) begins service, which would have been pensionable under an existing scheme, after the scheme closing date, but before the tapered protection closing date for that scheme, and

(e) P would, unless P dies, reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 1st September 2025.

Repayment of contributions under a relevant scheme

Nomination under a relevant scheme continues to have effect

Accrued earned pension attributable to a transfer value payment where a legacy scheme election is made

38A

(1) Paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;

(d) no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.

(3) Paragraph (4) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and

(4) P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).

Accrued earned pension attributable to a transfer value payment in respect of relevant fee-paid judges

38B

(1) Paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office; and

(b) one or more purported transfer value payments were made in relation to R during the period of relevant service.

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.

Amount of pension for a scheme year

Opening balance, index adjustment and age addition

Closure of active member's account

CHAPTER 5 — Deemed membership for added pension payments

Added pension where a legacy scheme election is made

23A

(1) Sub-paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more purported added pension payments were made by P during the period of remediable service;

(d) the notification period in relation to P under regulation 14(2) of the 2023 Regulations has passed;

(e) a request has not been made in respect of P under regulation 24 of the 2023 Regulations; and

(f) no payment has been made to P of a value which represents the full value of P’s purported added pension payments (as referred to in paragraph (b)).

(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported added pension payments.

(3) Sub-paragraph (4) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) P made one or more added pension payments during the period of remediable service;

(d) the election period in relation to P under section 69(1) PSPJOA 2022 has passed; and

(e) a request has not been made in respect of P under regulation 8 of the 2023 Regulations.

(4) P is to be treated as an active member of this scheme for all purposes in connection with the added pension payments referred to in sub-paragraph (3)(b).

Added pension in respect of relevant fee-paid judges

23B

(1) Sub-paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office;

(b) one or more purported added pension payments were made by R during the period of relevant service;

(d) a request has not been made in respect of R under regulation 40 of the 2023 Regulations.

(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and R is treated as having been an active member of this scheme for all purposes in connection with the purported added pension payments.

Purported transfer value payment

36A

In this Chapter, “purported transfer value payment” means a payment—

(a) which was made by either—

(i) a person “P” who has remediable service in a judicial office; or

(ii) a relevant fee-paid judge who has relevant service in a judicial office;

(b) which was intended to be a transfer value payment; and

(i) a determination by a court or tribunal that, as a result of a non-discrimination rule, any person has rights under a judicial legacy scheme in respect of P’s remediable service;

(ii) an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or

(iii) the payment being made in relation to a relevant fee-paid judge.

Establishment of active member's account

Receipt of a transfer value payment

Transfer value payment or purported transfer value payment in respect of judges with remediable service

Purported transfer value payment in respect of relevant fee-paid judges

Amount of pension for a scheme year

Opening balance, index adjustment and age addition

Closure of active member's account

Added pension payment or purported added pension payment in respect of judges with remediable service

Purported added pension in respect of relevant fee-paid judges

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