The Judicial Pensions (Personal Pension Option) Regulations 1988

Made: 29th July 1988

Laid before Parliament: 10th August 1988

Coming into force: 1st September 1988

The Secretary of State in exercise of the powers conferred on him by section 17(2) of the Social Security Act 1986([^f00001]) hereby makes the following Regulations:—

Citation and Commencement

1

These Regulations may be cited as the Judicial Pensions (Personal Pension Option) Regulations 1988 and shall come into force on 1st September 1988.

Interpretation

2

In these Regulations—

• “the Act” means the Judicial Pensions Act 1981([^f00002]), and references to a person’s eligibility for a pension are, in relation to a judicial office which carries entitlement to a pension, references to such entitlement.

Personal Pension Option

3

The provisions of the Act specified in the Schedule to these Regulations shall apply with the modifications specified in the Schedule.

SCHEDULE — PROVISIONS OF THE ACT APPLYING WITH MODIFICATIONS

the following provisions of the act shall apply;

1

Part I with the following modifications:

2

Part II with the following modifications—

• (a) After section 16 there shall be inserted the following section—

(16A) For the purpose of the calculation of any derivative benefit under this Part, in respect of a person who is eligible for a pension for service in any judicial office, there shall be left out of account any period of service during which an election under section 14A was in force in respect of that person.

• (b) In Section 23 the following subsection shall be inserted after subsection (1)—

(1A) No contribution shall be made by a man for any period of service during which an election under section 14A is in force in respect of him.

• (c) In section 24 the following subsection shall be inserted after subsection (1)—

(1A) No contribution shall be made by a woman for any period of service during which an election under section 14A is in force in respect of her.

3

Schedule 2 with the following modifications—

• (a) In paragraph 15 the following sub-paragraph shall be inserted after sub-paragraph (2)—

(3) For the purposes of this paragraph, there shall be left out of account any period of service during which an election under section 14A is in force in respect of a person, and no contribution towards a widow’s and children’s pension shall be made by that person for that period.

• (b) In paragraph 16 the following sub-paragraph shall be inserted after sub-paragraph (2)—

(2A) There shall be left out of account, in calculating RS2 in sub-paragraph (2) above, any period of service during which an election under section 14A is in force in respect of a person.

Signed

John Moore — Secretary of State for Social Security — 29th July 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations, amend the Judicial Pensions Act 1981 to allow members of the judicial pension schemes to elect to have personal pensions instead of acquiring pension rights under the 1981 Act. These Regulations enable the judicial pension schemes to comply with the provisions contained in the Social Security Act 1986 and the Social Security (Northern Ireland) Order 1986, which enable members of occupational pension schemes to exercise personal pension options. The modifications to the 1981 Act in the Schedule set out how a member of a judicial pension scheme may elect for a personal pension and the effect of such an election.

Footnotes

[^f00001]: 1986 c. 50.

[^f00002]: 1981 c. 20; amended by section 152(1) of, and Schedule 5 to, the Supreme Court Act 1981 (c. 54).

[^f00003]: 1961 c. 42.

[^f00004]: 1986 c. 50.

[^f00005]: S.I. 1986/1888 (N.I. 18).