The Public Service Pensions Act (Northern Ireland) 2014 (c. 2) (“PSPA 2014”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA 2014), about the establishment of public service pension schemes. The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015 No. 76) (“the 2015 Regulations”) are the scheme regulations establishing the successor judicial pension scheme (“the 2015 scheme”) to the judicial legacy schemes (as defined in section 70(3) of the Public Service and Pensions and Judicial Offices Act 2022 (c.7) (“PSPJOA 2022”)). The 2015 Regulations provided for transitional protection for certain cohorts of judicial legacy scheme members. This transitional protection was subsequently found to unlawfully discriminate between judicial pension scheme members on the basis of age.
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