Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 39: Meaning of "remediable service"
This section is the judicial scheme equivalent of section 1. It defines "remediable service" and sets out five conditions to establish whether a member’s period of service is eligible for being in scope of the legislation:
first, that the remedy period service takes place at a period beginning with 1 April 2015 and ending on 31 March 2022;
second, that the service was pensionable service under a judicial scheme. Section 39(4)(b) clarifies that service is "pensionable service under a judicial scheme" even where a judge opted out of the 2015 reformed scheme;
third, that the member was in pensionable public service before 31 March 2012;
fourth, that the member has not had a "disqualifying gap" in service (see section 39(9)); and
fifth, that the member is under 55 on 1 April 2012. This is because "protected" members, who never left the legacy scheme because they were over 55 on 1 April 2012, are not in scope of the remedy.
	Judges were able to opt out of the 2015 reformed scheme and instead join a partnership pension account ("PPA") – a registered stakeholder pension scheme. As a member of the PPA, a judge holds an account with a nominated third-party provider (Prudential plc) into which the member and the "employer" pay contributions. Section 39(8) ensures that, for those who opted for PPA, that time as a PPA member counts as "remediable service" in the same way that those who opted out of judicial pension altogether qualify for the remedy (section 39(4)(b)).
	Section 39(9) excludes those with a gap in pensionable public service of more than five years (who would otherwise be in scope) from the remedy.
	Section 39(10) states that the effect of section 61 Equality Act 2010 and paragraph 2 of Schedule 1 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 (non-discrimination rule) and sections 2, 42 and 45 of this Act (under which service may be treated as pensionable, or not pensionable) are to be disregarded for determining pensionable service under a particular scheme. This is intended to ensure that these provisions, which might otherwise have shifted people into different schemes, are disregarded for the purposes of determining which scheme a judge’s service is in.