Part 1: Public Service Pension Schemes Chapter 2: Judicial Schemes Section 67: Application of Chapter to immediate detriment cases
Section 67(1) clarifies that section 40 to 66 do not apply where an "immediate detriment remedy" has been obtained. Section 68 sets out where an immediate detriment remedy has been obtained, including where an election for legacy scheme membership in respect of a judge’s remediable service has already been made and benefits or compensation have been paid out or steps such as changing pension scheme records have been taken. Where an immediate detriment remedy has been obtained, a subsequent election of scheme membership may not be made by or on behalf of the judge.
	Section 67(2) and 67(3), however, permit scheme regulations to apply, with or without modification, any provisions of Chapter 2 to cases where an immediate detriment remedy has been obtained where it is required to return judges, or their beneficiaries, to the position they would have been in if there had not been a breach of the non-discrimination rule.