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The Judicial Pensions Regulations 2015

Type Statutory-Instrument

Publication 2015-02-09

Last updated 2024-12-17

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“tapered protection closing date”, in relation to a tapered protection member of a relevant scheme, has the meaning given in paragraph 3;

“tapered protection member”—in relation to an existing scheme, has the meaning given in paragraphs 12, 13 and 13A; andin relation to the Fee-Paid Judges Scheme, means a person who meets the conditions in sub-paragraphs (a) to (d) of regulation 14(6);

“transition date”, in relation to a transition member, means—if the member is a tapered protection member of a relevant scheme, the day after the tapered protection closing date for that member;if the member is not a protected member of such a scheme, the day after the scheme closing date or, if later, the day the person ceased to be a protected member of the scheme;

“transition member” means a person—who is a member of a relevant scheme by virtue of the person’s pensionable service under that scheme before the transition date; andwho is a member of this scheme by virtue of the person’s pensionable service under this scheme.

Meaning of “continuity of service”

2

(1) For the purposes of this Schedule, a transition member (T) has continuity of service between pensionable service in a relevant scheme and pensionable service in this scheme (“continuity of service”) unless T has a gap in service exceeding 5 years which—

(a) begins on or before the transition date; and

(b) ends on the day on which T becomes an active member of this scheme.

(2) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.

Meaning of “tapered protection closing date”

3

(1) The tapered protection closing date for a tapered protection member of a relevant scheme is—

(a) if the member exercises the option ..., the scheme closing date; or

(b) if the member does not exercise the option, a date between 31stMay2015 and 31stJanuary2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose.

(2) A tapered protection closing date determined under sub-paragraph (1)(b) must fall on the last day of a month.

(3) In this paragraph “the option” means—

(a) in relation to an existing scheme, the option under Part 4 of this Schedule;

(b) in relation to the Fee-Paid Judges Scheme, the option under regulation 14(6)(d).

Meaning of “active member of an existing scheme “

4

(1) For the purpose of Parts 2 and 3 of this Schedule, a person (P) is an active member of an existing scheme on a given date if on that date—

(a) P is in pensionable service under that scheme; or

(b) P is on a gap in service not exceeding 5 years.

(2) For the purpose of sub-paragraph (1)(b), after the closing date for an existing scheme P is not on a gap in service while P is in pensionable public service.

(3) In sub-paragraph (2), “the closing date for an existing scheme” means the date referred to in section 18(4)(a) or (b) of the Act as applicable.

Commencement of active membership of this scheme

5

(1) A person who is a transition member on entering pensionable service under this scheme who does not have continuity of service becomes an active member of this scheme on the day the person is appointed to qualifying judicial office.

(2) A person who is a transition member on entering pensionable service under this scheme who has continuity of service (T) becomes an active member of this scheme—

(a) if T is in pensionable service in a qualifying judicial office on the transition date, on that date; or

(b) if T is not in pensionable service in a qualifying judicial office on the transition date, on the day T enters pensionable service in a qualifying judicial office after that date.

PART 2 — Exceptions to section 18(1) of the Act: full protection members of an existing scheme

Exception for full protection members during protection period

6

(1) The protection period for a person (P) who is a full protection member of an existing scheme is the period which—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a full protection member of that scheme.

(2) During the protection period—

(a) P is eligible to be in pensionable service under an existing scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Full protection member not eligible to join this scheme

7

(1) While a person (P) is a full protection member of an existing scheme, P is not eligible to be an active member of this scheme.

(2) P ceases to be a full protection member of an existing scheme when P ceases to be in pensionable service under that scheme.

Members of an existing scheme on scheme closing date

8

(1) A person (P) is a full protection member of an existing scheme if sub-paragraph (2) or sub-paragraph (3) applies—

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme on 31st March 2012;

(b) P was an active member of that scheme on the scheme closing date; and

(3) This sub-paragraph applies if—

(a) P was an active member of an existing scheme (“P’s transitional scheme”) on 31st March 2012;

(b) P was an active member of an existing scheme (“Scheme A”) on the scheme closing date; and

(c) P would, unless P dies, reach normal pension age under Scheme A and P’s transitional scheme on or before 1st April 2022.

Members moving between schemes after the scheme closing date

9

(1) A person (P) is a full protection member of an existing scheme if—

(a) P was an active member of an existing scheme (“P’s transitional scheme”) on 31st March 2012 and on the closing date for that scheme;

(b) P begins pensionable service which is pensionable under an existing scheme (“Scheme A”), not more than 5 years after leaving pensionable service in P’s transitional scheme.

(c) P would have been a fully protected member of P’s transitional scheme had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under Scheme A; and

(d) P would, unless P dies, reach normal pension age under Scheme A and P’s transitional scheme on or before 1st April 2022.

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the Act as applicable;

(b) “exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations which relate to that scheme; and

(c) “fully protected member” of an existing scheme means a person in respect of whom an exception applies and that exception is one to which section 18(6) of the Act applies for the purposes of that scheme.

PART 3 — Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme

Exception for tapered protection members during protection period

10

(1) The protection period for a tapered protection member of an existing scheme is the period which—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a tapered protection member of an existing scheme.

(2) During the protection period—

(a) P is eligible to be in pensionable service under an existing scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Tapered protection member not eligible to join this scheme

11

(1) While a person (P) is a tapered protection member of an existing scheme, P is not eligible to be an active member of this scheme.

(2) P ceases to be a tapered protection member of an existing scheme on whichever of the following days occurs first—

(a) P’s tapered protection closing date; or

(b) the day on which P ceases to be in pensionable service under an existing scheme.

Member of an existing scheme on scheme closing date

12

(1) A person (P) is a tapered protection member of an existing scheme if sub-paragraph (2) or sub-paragraph (3) applies—

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme on 31st March 2012;

(b) P was an active member of an existing scheme on the scheme closing date; and

(c) unless P dies, P would reach normal pension age during the period beginning with 2ndApril2022 and ending with 1st September 2025.

(3) This sub-paragraph applies if—

(a) P was an active member of an existing scheme (“P’s transitional scheme”) on 31st March 2012;

(b) P was an active member of an existing scheme (“Scheme A”) on the scheme closing date; and

(i) Scheme A during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

Members moving between schemes after the scheme closing date

13

(1) A person (P) is a tapered protection member of an existing scheme if—

(a) P was an active member of an existing scheme (“P’s transitional scheme”) on 31st March 2012 and on the closing date for that scheme;

(b) P begins pensionable service which is pensionable under an existing scheme (“Scheme A”), not more than 5 years after leaving pensionable service in P’s transitional scheme.

(c) P would have been a protected member of P’s transitional scheme had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under Scheme A; and

(d) P would, unless P dies, reach normal pension age under—

(i) Scheme A during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the Act as applicable;

(b) “exception”, in relation to an existing scheme, means an exception under section 18(5) of the Act provided for in scheme regulations which relate to that scheme; and

(c) “protected member of P’s transitional scheme” means a person in respect of whom an exception applies for the purposes of that scheme.

PART 4 — Option for tapered protection members of an existing scheme

Option to begin pensionable service before the transition date

14

(1) This paragraph applies in relation to a tapered protection member (P) of an existing scheme.

(2) The scheme manager may offer P the option to begin pensionable service under this scheme on the day after the scheme closing date.

(3) If P does not exercise the option within the period determined by the scheme manager, P begins pensionable service under this scheme on P’s transition date.

(4) If P ceases to be a tapered protection member after the scheme closing date but before P’s transition date, P begins pensionable service under this scheme on the day P begins service in a qualifying judicial office.

PART 5 — Payment of ill-health benefits to transition members with continuity of service

Transition member who has not reached normal pension age under a relevant scheme

15

(1) This paragraph applies to a transition member with continuity of service who becomes entitled to an ill-health pension under this scheme and a relevant scheme.

(2) If the member is entitled under this scheme and a relevant scheme to immediate payment of an ill-health pension, the annual rate of that ill-health pension is the sum of—

(a) the annual rate of an ill-health pension under a relevant scheme; and

(b) the annual rate of an ill-health pension under this scheme.

(3) Where a member is entitled to immediate payment of an ill-health pension, payment of any pension or enhancement in respect of the member’s assumed period of pensionable service is not payable under a relevant scheme.

(4) In this paragraph, “the member’s assumed period of pensionable service” means the period—

(a) beginning with the day after the day on which the member’s continuous period of pensionable service ceased; and

(b) ending with—

(i) for a member appointed for a fixed term, the day on which that term ends; or

(ii) for all other appointments, the day before the day on which the member will reach prospective normal pension age (assuming that the member lives until that age).

PART 6 — Payment of death benefits in respect of transition members with continuity of service

Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service

16

(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) Where there is an entitlement under this scheme and a relevant scheme to a surviving adult’s pension, the annual rate of that pension is the sum of—

(a) the amount of dependant’s earned pension calculated under regulation 100; and

(b) the amount of the equivalent surviving spouse’s or surviving civil partner’s pension payable under a relevant scheme.

(3) Where there is an entitlement to a surviving adult’s pension, the payment of any pension or enhancement in respect of the member’s assumed period of pensionable service is not payable under a relevant scheme.

(4) In this paragraph—

“the member’s assumed period of pensionable service” means the period—beginning with the day after the date of the member’s death; andending with—for a member appointed for a fixed term, the day on which that term would have ended; andfor all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—the member’s continuous period of pensionable service under this scheme; andthe member’s pensionable service under a relevant scheme before the closing date.

(5) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.

Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service

17

(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) The annual rate of child’s pension payable is the sum of—

(a) the annual rate of child’s earned pension calculated under regulation 105; and

(b) the annual rate of child’s pension payable under a relevant scheme.

(3) Where a child’s pension is payable, the payment of any pension or enhancement in respect of the member’s assumed period of pensionable service is not payable under a relevant scheme.

(4) In this paragraph—

“the member’s assumed period of pensionable service” means the period—beginning with the day after the date of the member’s death; andending with—for a member appointed for a fixed term, the day on which that term would have ended; andfor all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—the member’s continuous period of pensionable service under this scheme; andthe member’s pensionable service under a relevant scheme before the closing date.

(5) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.

Death in service lump sum

18

(1) This paragraph applies in relation to a transition member with continuity of service who dies in service within the meaning of regulation 121.

(2) On the death of the member—

(a) a lump sum death benefit is payable under regulation 121; but

(b) a death in service lump sum death benefit is not payable under a relevant scheme.

Death out of service lump sum

19

(1) For the purpose of payment of death benefits, a transition member with continuity of service who dies as a deferred member or pensioner member of this scheme dies out of service under this scheme and a relevant scheme.

(2) On the death of such a member—

(a) if regulation 122 applies to the member, a lump sum death benefit is payable under that regulation; and

(b) if the member is a pensioner member of a relevant scheme and the conditions for payment of a death out of service lump sum death benefit under the rules of the relevant scheme are met, a death out of service lump sum death benefit is payable under that scheme.

PART 7 — Transitional provisions relating to relevant schemes

Pensionable service under an existing scheme

20

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under this scheme.

(2) The provisions of an existing scheme relating to payment of contributions for added pension and added years continue to apply after the closing date as if T continued in pensionable service under that scheme.

(3) If T has continuity of service—

(a) in determining whether T qualifies under an existing scheme for retirement benefits, T’s pensionable service under that scheme terminates when T’s pensionable service under this scheme terminates;

(b) in determining T’s final salary for any purposes of an existing scheme under Schedule 7 to the Act, pensionable earnings derived from service under this scheme are to be regarded as derived from service under an existing scheme; and

(c) where T has a working pattern or patterns involving a pro rata reduction in salary as at the date when they cease pensionable service in this scheme, T’s final salary for an existing scheme is to be calculated by reference to their full-time equivalent final salary, or to the proportion or proportions of their full-time equivalent final salary appropriate to T’s working pattern as at the closing date.

Repayment of contributions under the existing scheme

21

If a transition member with continuity of service (T) opts out of this scheme and T has less than 2 years’ qualifying service—

(a) T must be repaid members’ contributions under a relevant scheme; and

(b) any periodical payments for added pension or added years under a relevant scheme cease to be payable.

Qualifying for retirement benefits under the existing scheme

22

In determining whether a transition member with continuity of service qualifies for retirement benefits under an existing scheme, the member’s qualifying service includes the total of—

(a) the member’s qualifying service under an existing scheme; and

(b) the member’s qualifying service under this scheme.

Nomination under the existing scheme continues to have effect

23

(1) This paragraph applies if a transition member with continuity of service has not nominated a person under these Regulations to receive a lump sum death benefit under this scheme.

(2) An existing nomination has effect as if made under these Regulations until the transition member makes a nomination under these Regulations.

(3) In this paragraph, “existing nomination” means—

(a) a nomination which—

(i) was made for the purpose of a relevant scheme; and

(ii) at the closing date, had effect under that scheme; or

(b) a nomination which—

(i) was made in anticipation of membership of the Fee-Paid Judges Scheme; and

(ii) at the closing date would have had effect under that scheme if it had been in force.

SCHEDULE 3 — Modifying provisions and amendments

PART 1 — Modification of contracting-out provisions

Application of this Part

1

This Part applies where—

(a) an election is made under section 11 (elections as to employments covered by contracting-out certificates) of the 1993 Act⁶⁸ in relation to persons who become members of this scheme on or after 1st April 2015 and before 6th April 2016 (whether or not any of those persons are members of a relevant scheme); and

(b) this scheme satisfies the requirements of section 9 (requirements for certification of schemes) of the 1993 Act⁶⁹.

Contracting-out

2

(1) Part 2 of the Occupational Pension Schemes (Contracting-out) Regulations 1996⁷⁰ (certification of employments) is modified as follows in its application to this scheme.

(2) The requirements in regulation 2(1)(a) (making of elections for the issue of contracting-out certificates) and regulations 3 (notices by employers of intended election) to 5 (time for making an election) do not apply.

(3) In regulation 6 (information to be included in an election)—

(a) paragraph (1) is to be read as though, for sub-paragraphs (a) to (f), there were substituted—

(a) the name by which this scheme is to be known; (b) the name by which the existing schemes listed in paragraphs 2 to 15 of Schedule 5 to the Act and the scheme created by the Judicial Pensions (Fee-Paid Judges) Regulations 2017 are known; and (c) any other information necessary to enable the Commissioners of Inland Revenue to identify those existing schemes.

; and

(b) paragraphs (2) and (3) do not apply.

PART 2 — Modification of early leaver and other provisions

Application of this Part

3

(1) This Part applies where a person (P)—

(a) is a member of an existing scheme ... listed in paragraphs 2 to 15 of Schedule 5 to the Act, whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the Act (final salary link);

(b) is a member of this scheme by virtue of pensionable service for this scheme; and

(c) is a person to whom paragraph 1 or 2 of Schedule 7 to the Act applies by virtue of that person’s pensionable service for this scheme, and whose final salary falls for the purposes of the old scheme to be determined by reference to that paragraph.

(2) This Part also applies where a person (P)—

(a) is a member of the Fee-Paid Judges Scheme by virtue of pensionable service for that scheme;

(b) is a member of this scheme by virtue of pensionable service for this scheme;

(3) In this Part “the old scheme” means a scheme referred to in sub-paragraph (1)(a) or (2)(a) of which P is a member.

Certification

4

(1) Section 15A of the PSA 1993⁷¹ (reduction of guaranteed minimum in consequence of pension debit) is modified as follows in relation to P.

(2) In the application of that section to the old scheme, the reference in subsection (2) of that section to pensionable service under the scheme is to be taken as a reference to pensionable service either under the old scheme or under this scheme.

Preservation of benefit

5

(1) Chapter 1 of Part 4 of the PSA 1993 (protection for early leavers: preservation of benefit) is modified as follows in relation to P.

(2) In the application of that Chapter to the old scheme—

(a) in section 70⁷² (interpretation), in the definitions of “relevant employment” and “long service benefit” a reference to the scheme is to be taken as a reference to either the old scheme or this scheme;

(b) in section 71(1) (basic principle as to short service benefit)—

(i) the requirement for a scheme to make provision is to be taken as a requirement that either the old scheme or this scheme must make that provision;

(ii) a reference to a transfer payment to the scheme is to be taken as a reference to a transfer payment either to the old scheme or to this scheme;

(iii) a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme;

(iv) a reference to benefit which would have been payable to P under the scheme is to be taken as a reference to benefit which would have been payable to P either under the old scheme or under this scheme,

and subsequent references in the Chapter to “short service benefit” are to be construed accordingly;

(c) in section 71(5), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme;

(d) in section 71(7)(a), the reference to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either under the old scheme or under the old scheme and this scheme taken together; and

(e) in sections 72(2) (no discrimination between short service and long service beneficiaries), 74(6) and (7) (computation of short service benefit), 75(3) and (4) (credits) and 76(1) and (3) (pension increases), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme.

(3) In the application of that Chapter to this scheme—

(a) in section 70, in the definitions of “relevant employment” and “long service benefit” a reference to the scheme is to be taken as a reference to either the old scheme or this scheme;

(b) in section 71(1)—

(i) the requirement for a scheme to make provision is to be taken as a requirement that either the old scheme or this scheme must make that provision;

(ii) a reference to a transfer payment to the scheme is to be taken as a reference to a transfer payment either to the old scheme or to this scheme;

(iii) a reference to benefit which would have been payable to P under the scheme is to be taken as a reference to benefit which would have been payable to P either under the old scheme or under this scheme,

and subsequent references in the Chapter to “short service benefit” are to be construed accordingly;

(c) in section 71(7)(a), the reference to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either under this scheme or under the old scheme and this scheme taken together; and

(d) in section 74(6), in relation to pensionable service which is terminated, the reference to the beginning of that service is to be taken as a reference to the beginning of pensionable service under the old scheme.

Revaluation of preserved benefit

6

(1) Chapter 2 of Part 4 of the PSA 1993 (protection for early leavers: revaluation of accrued benefits) is modified as follows.

(2) In the application of Chapter 2 for the purpose of revaluing benefit payable to or in respect of P under the old scheme—

(a) in section 83(1)(a)(ii)⁷³ (scope of Chapter 2), the reference to the date on which P’s pensionable service ends is to be taken as a reference to the date on which P’s pensionable service ends under this scheme; and

(b) subsequent references in that Chapter to “the termination date” and the “pre-pension period” are to be construed accordingly.

Protection of increases in guaranteed minimum pensions

7

(1) Chapter 3 of Part 4 of the PSA 1993 (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.

(2) In the application of that Chapter to P as a member of the old scheme—

(a) in section 87(1)(a)(i)⁷⁴ (general protection principle), the reference to the time when P ceases to be in contracted-out employment by reference to a scheme is to be taken as a reference to the time when P ceases to be in service in a qualifying judicial office which is contracted-out by reference to this scheme; and

(b) subsequent references to “the cessation date” are to be construed accordingly.

Protection of increases in guaranteed minimum pensions after abolition of contracting-out

8

(1) Chapter 3 of Part 4 of the PSA 1993 (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.

(2) In the application of that Chapter to P as a member of the old scheme—

(a) in section 87(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service under this scheme; and

(b) subsequent references to “the cessation date” are to be construed accordingly.

Transfer values

9

(1) Chapter 4 of Part 4 of the PSA 1993 (protection for early leavers: transfer values) is modified as follows.

(2) In the application of that Chapter to P as a member of the old scheme, in—

(a) section 93(1)(a)⁷⁵ (scope of Chapter 4),

(b) section 97(3)(a) (calculation of cash equivalents), and

a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme.

Transfer values regulations

10

(1) The Occupational Pension Schemes (Transfer Values) Regulations 1996⁷⁷ are modified as follows.

(2) In the application of regulation 3 of those Regulations (rules on continuation in employment after termination of pensionable service) to P as a member of the old scheme—

(a) in paragraph (1), a reference to employment to which a scheme applies is to be taken as a reference to service in a qualifying judicial office to which this scheme applies;

(b) in paragraph (1)(a), a reference to P’s pensionable service terminating at P’s request is to be taken as a reference to P’s pensionable service under this scheme so terminating; and

(c) in paragraph (1)(b)(i), a reference to P’s pensionable service continuing until the guarantee date is to be taken as a reference to P’s pensionable service under this scheme so continuing.

(3) In the application of regulation 4 of those Regulations (right to further cash equivalent on termination of employment to which the scheme applies) to P as a member of the old scheme, in paragraphs (1), (2), (3)(a) and (4) a reference to termination of P’s employment is to be taken as a reference to termination of P’s service in a qualifying judicial office to which this scheme applies.

Cash transfers and contribution refunds

11

(1) Chapter 5 of Part 4 of the PSA 1993⁷⁸ (protection for early leavers: cash transfers and contribution refunds) is modified as follows.

(2) In the application of that Chapter to P as a member of the old scheme—

(a) in section 101AA(1)(a) and (b) (scope of Chapter 5), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme;

(b) in section 101AA(2), a reference in the opening words and in paragraph (a) to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either under the old scheme or under the old scheme and this scheme taken together; and

(c) in section 101AB(1) and (3) (right to cash transfer sum and contribution refund), 101AC(1) and (2)(a) (notification of right to cash transfer sum or contribution refund) and 101AI(7) (rights under section 101AB: definition of “reply date”), a reference to termination of P’s pensionable service is to be taken as a reference to termination of P’s pensionable service under this scheme.

(d) In the application of that Chapter to P as a member of this scheme, in section 101AA(2) a reference in the opening words and in paragraph (a) to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either under this scheme or under the old scheme and this scheme taken together.

(3) In the application of that Chapter to P as a member of this scheme, in section 101AA(2) a reference in the opening words and in paragraph (a) to P’s pensionable service under the scheme is to be taken as a reference to P’s pensionable service either under this scheme or under the old scheme and this scheme taken together.

PART 3 — Amendments

Amendments to the Judicial Pensions and Retirement Act 1993

12

(1) Part 1 of the Judicial Pensions and Retirement Act 1993⁷⁹ (new arrangements for judicial pensions) is amended as follows.

(2) In section 2 (the judicial officer’s entitlement to a pension)—

(a) in subsection (7)(c), after “shall” insert “(subject to subsection (7A))”, and

(b) after subsection (7) insert—

(7A) Subsection (2)(c) does not apply where, at the date of retirement, the person— (a) is a member of a scheme under section 1 of the Public Service Pensions Act 2013; and (b) is entitled under that scheme to early payment of benefits on the grounds of ill-health.

(3) In section 4 (lump sum on the judicial officer’s retirement or death), after subsection (3) insert—

(3A) Subsection (3) does not apply where, at the date of the person’s death— (a) the person is a member of a scheme under section 1 of the Public Service Pensions Act 2013, and (b) a lump sum is payable under that scheme on the person’s death.

(4) In section 5 (surviving spouse’s and surviving civil partner’s pension), after subsection (6) insert—

(7) In a case within subsection (6)(c), section 2(7)(c) (deemed increase in period of service) is to be disregarded in determining the rate that would have been the appropriate annual rate of the deceased’s pension if, at the date of death— (a) the deceased was a member of a scheme under section 1 of the Public Service Pensions Act 2013, and (b) under that scheme, benefits are payable on the deceased’s death to a widow, widower or surviving civil partner of the deceased.

(5) In section 8 (rate of children’s pension), after subsection (4) insert—

(5) Section 5(7) accordingly applies for the purposes of this section in a case within section 5(6)(c), but as if the reference in section 5(7)(b) to the benefits payable on the deceased’s death included a reference to benefits payable to surviving dependants of the deceased.

Amendments to the Judicial Pensions Act 1981

13

(1) Part 2 of the Judicial Pensions Act 1981 (lump sums and widows’, surviving civil partners’ and children’s pensions) is amended as follows.

(2) In section 17 (lump sum on retirement or death), after subsection (2) insert—

(2A) Subsection (2) does not apply where, at the date of the person’s death— (a) the person is a member of a scheme under section 1 of the Public Service Pensions Act 2013, and (b) a lump sum is payable under that scheme on the person’s death.

Signed

Chris Grayling — Lord Chancellor — Ministry of Justice — 9th February 2015

We consent

David Evennett — Mark Lancaster — Two of the Lords Commissioners of Her Majesty’s Treasury — 9th February 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Part 2 of these Regulations establishes a scheme for the payment of pensions and other benefits to members of the judiciary. The scheme so established is a career average revalued earnings scheme.

Part 3 contains governance provisions including delegation of the scheme manager’s functions and establishment of the Judicial Pension Board and a scheme advisory board.

Part 4 provides for scheme membership. It sets out the key concepts of qualifying judicial office and pensionable earnings. It contains eligibility and enrolment provisions.

Part 5 provides for the establishment of a member’s pension accounts in relation to a continuous period of pensionable service under this scheme. It also provides for the establishment of a pension credit member’s account.

Chapter 2 explains how adjustments to amounts of accrued pension are calculated.

Chapter 3 explains how the amount of accrued pension is calculated.

Chapter 5 provides for the establishment of the active member’s account. This Chapter shows how the proportion of pensionable earnings accrued as pension is revalued each year until the member leaves pensionable service.

Chapter 6 provides for the establishment of the deferred member’s account and explains how the provisional amount of each description of deferred pension is calculated.

Part 6 provides for a member’s entitlement to payment of retirement benefits including partial retirement benefits and ill-health benefits. It also provides for the assignment of benefits. It sets out the key concept of qualifying service.

Part 7 provides for benefits for pension credit members.

Part 8 provides for death benefits payable to surviving adults and eligible children and for the payment of lump sums. It provides for payments to be stopped and recovered in certain cases.

Part 9 provides for the payment of contributions by members and employers.

Part 10 provides for making and receiving transfer value payments.

Part 11 provides for actuarial valuations and the employer cost cap.

Part 12 contains supplementary provisions on payment of pensions, forfeiture and set off, payment and deduction of tax and miscellaneous provisions including the determination of questions.

Schedule 1 makes provision for payments for extra pension.

Schedule 2 makes transitional provision for entitlements under existing schemes and this scheme.

Schedule 3 modifies provisions of the Pension Schemes Act 1993 (c.48) and amends the Judicial Pensions and Retirement Act 1993 (c.8) and the Judicial Pensions Act 1981 (c.20).

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

Footnotes

Editorial notes

Reg. 1 in force at 10.2.2015, see reg. 1(2)

Reg. 2 in force at 10.2.2015, see reg. 1(2)

Reg. 4 in force at 10.2.2015, see reg. 1(2)

Reg. 5 in force at 10.2.2015, see reg. 1(2)

Reg. 6 in force at 10.2.2015, see reg. 1(2)

Reg. 7 in force at 10.2.2015, see reg. 1(2)

Reg. 8 in force at 10.2.2015, see reg. 1(2)

Reg. 9 in force at 10.2.2015, see reg. 1(2)

Reg. 10 in force at 10.2.2015, see reg. 1(2)

Reg. 11 in force at 10.2.2015, see reg. 1(2)

Reg. 12 in force at 10.2.2015, see reg. 1(2)

Reg. 20 in force at 10.2.2015, see reg. 1(2)

Reg. 128 in force at 10.2.2015, see reg. 1(2)

Reg. 166 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 1 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 2 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 3 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 4 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 5 in force at 10.2.2015, see reg. 1(2)

Sch. 1 para. 6 in force at 10.2.2015, see reg. 1(2)

100

Sch. 1 para. 7 in force at 10.2.2015, see reg. 1(2)

101

Sch. 1 para. 8 in force at 10.2.2015, see reg. 1(2)

102

Sch. 1 para. 9 in force at 10.2.2015, see reg. 1(2)

103

Sch. 1 para. 10 in force at 10.2.2015, see reg. 1(2)

104

Sch. 1 para. 11 in force at 10.2.2015, see reg. 1(2)

105

Sch. 1 para. 12 in force at 10.2.2015, see reg. 1(2)

106

Sch. 1 para. 13 in force at 10.2.2015, see reg. 1(2)

107

Sch. 1 para. 14 in force at 10.2.2015, see reg. 1(2)

108

Sch. 1 para. 15 in force at 10.2.2015, see reg. 1(2)

109

Sch. 1 para. 16 in force at 10.2.2015, see reg. 1(2)

110

Sch. 1 para. 17 in force at 10.2.2015, see reg. 1(2)

111

Sch. 1 para. 18 in force at 10.2.2015, see reg. 1(2)

112

Sch. 1 para. 19 in force at 10.2.2015, see reg. 1(2)

113

Sch. 1 para. 20 in force at 10.2.2015, see reg. 1(2)

114

Sch. 1 para. 21 in force at 10.2.2015, see reg. 1(2)

115

Sch. 1 para. 22 in force at 10.2.2015, see reg. 1(2)

116

Sch. 1 para. 23 in force at 10.2.2015, see reg. 1(2)

117

Sch. 1 para. 24 in force at 10.2.2015, see reg. 1(2)

118

Sch. 1 para. 25 in force at 10.2.2015, see reg. 1(2)

119

Sch. 1 para. 26 in force at 10.2.2015, see reg. 1(2)

120

Sch. 1 para. 27 in force at 10.2.2015, see reg. 1(2)

121

Sch. 1 para. 28 in force at 10.2.2015, see reg. 1(2)

122

Sch. 1 para. 29 in force at 10.2.2015, see reg. 1(2)

123

Sch. 1 para. 30 in force at 10.2.2015, see reg. 1(2)

124

Sch. 1 para. 31 in force at 10.2.2015, see reg. 1(2)

125

Sch. 1 para. 32 in force at 10.2.2015, see reg. 1(2)

126

Sch. 2 para. 1 in force at 10.2.2015, see reg. 1(2)

127

Sch. 2 para. 2 in force at 10.2.2015, see reg. 1(2)

128

Sch. 2 para. 3 in force at 10.2.2015, see reg. 1(2)

129

Sch. 2 para. 4 in force at 10.2.2015, see reg. 1(2)

130

Sch. 2 para. 5 in force at 10.2.2015, see reg. 1(2)

131

Sch. 2 para. 6 in force at 10.2.2015, see reg. 1(2)

132

Sch. 2 para. 7 in force at 10.2.2015, see reg. 1(2)

133

Sch. 2 para. 8 in force at 10.2.2015, see reg. 1(2)

134

Sch. 2 para. 9 in force at 10.2.2015, see reg. 1(2)

135

Sch. 2 para. 10 in force at 10.2.2015, see reg. 1(2)

136

Sch. 2 para. 11 in force at 10.2.2015, see reg. 1(2)

137

Sch. 2 para. 12 in force at 10.2.2015, see reg. 1(2)

138

Sch. 2 para. 13 in force at 10.2.2015, see reg. 1(2)

139

Sch. 2 para. 14 in force at 10.2.2015, see reg. 1(2)

140

Sch. 2 para. 15 in force at 10.2.2015, see reg. 1(2)

141

Sch. 2 para. 16 in force at 10.2.2015, see reg. 1(2)

142

Sch. 2 para. 17 in force at 10.2.2015, see reg. 1(2)

143

Sch. 2 para. 18 in force at 10.2.2015, see reg. 1(2)

144

Sch. 2 para. 19 in force at 10.2.2015, see reg. 1(2)

145

Sch. 2 para. 20 in force at 10.2.2015, see reg. 1(2)

146

Sch. 2 para. 21 in force at 10.2.2015, see reg. 1(2)

147

Sch. 2 para. 22 in force at 10.2.2015, see reg. 1(2)

148

Sch. 2 para. 23 in force at 10.2.2015, see reg. 1(2)

149

Sch. 2 para. 13A inserted (31.3.2015) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), regs. 1(3), 17(6)

150

Sch. 2 para. 9A inserted (31.3.2015) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), regs. 1(3), 17(5)

151

Sch. 3 para. 2 in force at 1.4.2015, see reg. 1(4)

152

Sch. 3 para. 1 in force at 1.4.2015, see reg. 1(4)

153

Sch. 3 para. 4 in force at 1.4.2015, see reg. 1(4)

154

Sch. 3 para. 3 in force at 1.4.2015, see reg. 1(4)

155

Sch. 3 para. 5 in force at 1.4.2015, see reg. 1(4)

156

Sch. 3 para. 6 in force at 1.4.2015, see reg. 1(4)

157

Sch. 3 para. 7 in force at 1.4.2015, see reg. 1(4)

158

Sch. 3 para. 9 in force at 1.4.2015, see reg. 1(4)

159

Sch. 3 para. 11 in force at 1.4.2015, see reg. 1(4)

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