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The Judicial Pensions Regulations 2022

Type Statutory-Instrument

Publication 2022-03-17

Last updated 2025-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5) In this regulation, “total annual amount” in relation to a pension credit member’s pension means the total of—

(a) the annual rate of pension to which the member would be entitled if they had not exercised this option, calculated as at the date this option is exercised, but without subtracting the early payment reduction (if any); and

(b) the amount of increase (if any) in the annual rate of that pension under PIA 1971 calculated as at that date.

Commutation supplement

74

(1) Where a pension credit member (P) has exercised the option under either regulation 72(1) (option for pension credit member to commute part of pension) or 73(2) (option for pension credit member to commute whole pension (serious ill-health)), P is entitled to be paid an additional amount (a “commutation supplement”) calculated under paragraph (2).

(2) The sum payable to P is an amount sufficient, after deduction of any applicable income tax and national insurance payable by P arising as a result of such payment, to result in P receiving a net sum equal to—

(a) the income tax payable by P on any lump sum payable under either regulation 72(1) or 73(2) that relates only to uncrystallised rights under this scheme; plus

(b) the national insurance contributions payable by P (if any) in relation to the lump sum received pursuant to either of those regulations.

(3) The commutation supplement is payable at the same time as payment of the lump sum.

(4) In this regulation, “uncrystallised rights” has the meaning given in section 212 of the FA 2004.

CHAPTER 2 — Pension debit members

Reduction in pension debit member’s benefits

75

The benefits to which a pension debit member is entitled are subject to the reduction to be made under section 31 (reduction of benefit) of WRPA 1999.

PART 8 — Death benefits

CHAPTER 1 — Pensions for surviving adults

Surviving adults

76

In these Regulations—

“surviving adult”, in relation to a deceased member of this scheme, means the member’s surviving spouse, surviving civil partner or surviving cohabiting partner;

“surviving civil partner”, in relation to a deceased member of this scheme, means a person who was in a civil partnership with the member as at the date of the member’s death; and

“surviving spouse”, in relation to a deceased member of this scheme, means a person who was married to the member as at the date of the member’s death.

Meaning of “surviving cohabiting partner”

77

A person (P) is a surviving cohabiting partner of a deceased member of this scheme if P satisfies the scheme manager that immediately before the member’s death—

(a) P and the member were cohabiting as partners in an exclusive, committed long-term relationship;

(b) P and the member were not prevented from entering into a marriage or a civil partnership; and

Meaning of “surviving adult’s pension”

78

In these Regulations, “surviving adult’s pension” means any of the following pensions payable to a surviving adult under this Chapter—

(a) a dependant’s earned pension;

(b) a dependant’s ill-health pension.

Meaning of dependant’s earned pension

79

A dependant’s earned pension is a pension payable on the death of a member of this scheme if the member was a pensioner member or would have become entitled to a full retirement pension had the member not died.

Meaning of dependant’s ill-health pension

80

A dependant’s ill-health pension is a pension payable on the death of a member of this scheme if the member was entitled to the immediate payment of an ill-health pension as at the date of the member’s death.

Entitlement to surviving adult’s pension

81

(1) This regulation applies in relation to a member who, at the date of the member’s death is—

(a) an active member of this scheme in relation to a continuous period of pensionable service of at least 12 months;

(b) a deferred member of this scheme; or

(2) If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (1)(a) includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.

(3) The surviving adult of the member is entitled to payment for life of a surviving adult’s pension as follows—

(a) if the member was a pensioner member or would have become entitled to a full retirement pension had the member not died, a dependant’s earned pension;

(b) if an ill-health pension was payable as at the date of the member’s death, a dependant’s ill-health pension.

(4) The scheme manager may withhold a surviving adult’s pension as follows—

(a) for a pension that would otherwise be payable to the surviving spouse, if the member and the surviving spouse married less than 6 months before the member’s death;

(b) for a pension that would otherwise be payable to a surviving civil partner, if the civil partnership was formed less than 6 months before the member’s death.

(5) In this regulation a reference to “pensionable service” in relation to the Fee-paid Judges scheme is a reference to qualifying judicial service (within the meaning of regulation 6 (qualifying judicial service) of the FPJR 2017).

Annual rate of surviving adult’s pensions payable on death of pensioner member

82

(1) This regulation applies on the death of a pensioner member of this scheme (P) and applies in respect of each account held by that member.

(2) The annual rate of a dependant’s earned pension is an amount equal to 37.5% of the sum of—

(a) the amount of full retirement pension specified in P’s full retirement account as at the date of P’s death; and

(b) the amount of partial retirement earned pension specified in P’s partial retirement account as at the date of P’s death.

(3) The annual rate of a dependant’s ill-health pension is an amount equal to 37.5% of the annual rate of ill-health pension, calculated without subtracting the commutation amount (if any) and the total allocation amount (if any).

(4) In accordance with section 7(4) (administrative provisions) of PIA 1971, for the purposes of this scheme there is to be disregarded any increase in the annual rate of a pension since the beginning date for that pension.

Annual rate of surviving adult’s pensions payable on death of deferred member

83

(1) This regulation applies on the death of a deferred member of this scheme and applies in respect of each account held by that member.

(2) The annual rate of a dependant’s earned pension is an amount equal to 37.5% of the provisional amount of deferred pension specified in the deferred member’s account.

Annual rate of surviving adult’s pensions payable on death of active member (death in service)

84

(1) This regulation applies on the death of an active member of this scheme in relation to a continuous period of pensionable service of at least 12 months.

(2) This regulation applies in respect of each account held by the active member.

(3) If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (1) includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.

(4) The annual rate of a dependant’s earned pension is an amount equal to 37.5% of the amount of full retirement pension that would have been specified in the member’s full retirement account under regulation 39(2) had P become entitled to the immediate payment of a full retirement pension on the date of P’s death.

(5) When calculating the amount of a member’s full retirement pension (except in relation to a member who before the member’s death was entitled under regulation 51(a) to the immediate payment of a partial retirement pension)—

(a) the accrued pension includes an additional amount equal to the lesser of—

(i) the amount of accrued pension; and

(ii) the enhancement fraction of the amount mentioned in paragraph (i);

(b) if the member is a transition member with continuity of service, the accrued pension includes an additional amount equal to the lesser of—

(i) the total amount of accrued pension under this scheme and the equivalent of accrued pension earned under a pre-2022 scheme which is not attributable to a transfer value payment; and

(ii) the enhancement fraction of the amount mentioned in sub-paragraph (a)(i); and

(c) the early payment reduction (if any), the commutation amount (if any) and the total allocation amount (if any) are not subtracted.

(6) In this regulation—

“the enhancement fraction” means:$XY$where—X is the lower of—the member’s assumed period of pensionable service; and10;Y is the lower of—the number of years (expressed in years and a fraction of a year, determined by complete months) for which the member has been an active member of this scheme; andthe number of scheme years (expressed in years and a fraction of a year, determined by complete months) in relation to which an amount of earned pension was specified in the active member’s account . Where this figure is 0, a value of 0.083 will be applied;

“the member’s assumed period of pensionable service” means the period (expressed in years and a fraction of a year, determined by complete months)—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

“complete month” includes an incomplete month that consists of at least 16 days.

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

Reduction in pensions in cases of wide age disparity

85

(1) This regulation applies if, on the death of a member of this scheme, a surviving adult’s pension is payable to a person (“the surviving adult”) who is more than 12 years younger than the member.

(2) The annual rate of the surviving adult’s pension is reduced by the lower of—

(a) 50% of the amount of the annual rate of the pension calculated under regulation 82, 83 or 84 as applicable; and

(b) 2.5 x (N –12) % of the amount of the annual rate of the pension so calculated,

where N is the number of whole years by which the surviving adult is younger than the member.

CHAPTER 2 — Pensions for eligible children

Meaning of “eligible child’s pension”

86

In these Regulations, “eligible child’s pension” means any of the following pensions payable under this Part—

(a) a child’s earned pension;

(b) a child’s ill-health pension.

Meaning of “eligible child”

87

(1) In these Regulations, “eligible child”, in relation to a deceased member of this scheme, means—

(a) a birth child of the member where—

(i) the child meets any of conditions A to C; and

(ii) at the date of the member’s death the child was born or the child’s mother was pregnant with the child;

(b) an adopted child of the member who meets any of the conditions A to C; or

(i) meets any of the conditions A to C; and

(ii) in the opinion of the scheme manager, was financially dependent on the member as at the date of the member’s death.

(2) Condition A is that the person is under the age of 18.

(3) Condition B is that the person is in full-time education or vocational training and is under the age of 23.

(4) Condition C is that in the opinion of the scheme manager the person is unable to engage in gainful employment because of physical or mental impairment and either—

(a) the person is under the age of 23; or

(b) that impairment is likely to be permanent and the person is dependent on the member as at the date of the member’s death because of physical or mental impairment.

(5) For the purpose of Condition B, a person who is under the age of 19 on the date on which the person stops full-time education or vocational training is taken to be in full-time education until the first of the following dates after the person stops full-time education or vocational training—

(a) the second Monday in January;

(b) the second Monday after Easter Monday;

(d) the date on which the person becomes engaged full-time in gainful employment;

(e) the person’s 19th birthday.

Eligibility for eligible child’s pension

88

(1) This regulation applies if a member of this scheme dies leaving an eligible child.

(2) An eligible child’s pension is only payable in respect of such period or periods during which a child or young person is an eligible child.

(3) An eligible child’s pension is not payable in respect of any period before a child’s birth.

(4) An eligible child’s pension is payable in respect of an eligible child as follows—

(a) a child’s earned pension is payable if the member was entitled to the immediate payment of a full retirement pension as at the date of the member’s death or the member would have become entitled to such a pension had the member not died;

(b) a child’s ill-health pension is payable if an ill-health pension was payable to the member as at the date of the member’s death.

Annual rate of eligible child’s pension

89

(1) The annual rate of an eligible child’s pension is determined by reference to the annual rate of the corresponding surviving adult’s pension (disregarding any reduction falling to be made under regulation 85 (reduction in pensions in cases of wide age disparity) whether or not a surviving adult’s pension is payable on the death of the member.

(2) For the purposes of this regulation, the corresponding surviving adult’s pensions are—

(a) for a child’s earned pension, a dependant’s earned pension;

(b) for a child’s ill-health pension, a dependant’s ill-health pension.

(3) If a surviving adult’s pension is payable on the death of the member—

(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to 80% of the annual rate of the corresponding surviving adult’s pension; and

(b) if an eligible child’s pension is payable in respect of two or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of 80% of the annual rate of the corresponding surviving adult’s pension.

(4) If a surviving adult’s pension is not payable on the death of the member—

(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3; and

(b) if an eligible child’s pension is payable in respect of two or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3.

(5) In this regulation, “the appropriate fraction” means:

$$2Y$ where— Y is the number of eligible children in respect of whom an eligible child’s pension is payable immediately after the date of the member’s death$

CHAPTER 3 — Payment of pensions for surviving adults and eligible children

Payment of pensions under this Part

90

(1) A surviving adult’s pension or eligible child’s pension is payable from the day after the date of the member’s death.

(2) Unless the scheme manager directs otherwise, an eligible child’s pension payable in respect of an eligible child aged under the age of 18 must be paid—

(a) if the child is in the care of the member’s surviving adult, to the surviving adult; and

(b) in any other case, to the child’s guardian.

Stopping payment and recovery of pensions paid under this Part

91

(1) This regulation applies if—

(a) on a member’s death a pension has been awarded and paid under this Part; and

(b) it later appears to the scheme manager that the member or the person to whom the pension has been paid made a false declaration or deliberately suppressed a material fact in connection with the award.

(2) The scheme manager may—

(a) stop paying the pension; and

(b) recover any payment made under the award.

Provisional awards of eligible child’s pensions: later adjustment

92

(1) This regulation applies where—

(a) an active member, deferred member or pensioner member of this scheme has died;

(b) a pension is paid in respect of one or more persons under this Part on the basis that they were eligible children as at the date of the member’s death and that there were then no other eligible children; and

(i) a person in respect of whom such a pension has been paid was not an eligible child on the date of death;

(ii) on that date a further person was an eligible child; or

(iii) a child who was born after the member’s death is an eligible child.

(2) The scheme manager may adjust the amount of pension payable in respect of each eligible child to take account of matters referred to in paragraph (1)(c) as applicable.

CHAPTER 4 — Payment of lump sum death benefits

Payment of lump sum death benefit

93

(1) A lump sum death benefit is payable in respect of—

(a) an active, deferred or pensioner member of this scheme who dies; or

(b) a pension credit member of this scheme who dies before any benefits attributable (directly or indirectly) to a pension credit become payable.

(2) Payment of a lump sum death benefit must be made within the period of two years beginning with the earlier of—

(a) the day on which the scheme manager first knew of the member’s death; and

(b) the day on which the scheme manager could reasonably be expected to have known of the member’s death.

(3) The scheme manager may decide not to pay a lump sum death benefit if it is impracticable to pay it.

Supplement: lump sum death benefit

94

(1) Where a lump sum death benefit is payable in respect of a member under regulation 93(1), an additional amount (a “lump sum supplement”) calculated under paragraph (2) is also payable.

(2) The sum payable is an amount sufficient, after deduction of any applicable income tax and national insurance payable arising as a result of such payment, to result in a net sum equal to the income tax payable on any lump sum payable under regulation 93(1).

(3) The lump sum supplement is payable at the same time as payment of the lump sum mentioned in regulation 93(1).

Nominations for lump sum death benefits

95

(1) A member of this scheme may nominate a person or persons to receive a lump sum death benefit.

(2) The member may nominate—

(a) one or more individuals;

(b) one incorporated or unincorporated body; or

(3) A nomination may specify how payments are to be apportioned between—

(a) two or more individuals; or

(b) one or more individuals and one incorporated or unincorporated body.

(4) A nomination may only be made by notice to the scheme manager in a form required by the scheme manager.

(5) A member may revoke or alter a nomination by notice to the scheme manager in a form required by the scheme manager.

Invalid nominations of individuals

96

(1) If the nomination of an individual is invalid, any lump sum death benefit that would have been payable to the individual is payable to the member’s personal representatives.

(2) A nomination of an individual is invalid if—

(a) the individual nominated is the member’s spouse or civil partner and the individual is not the member’s spouse or civil partner when the member dies;

(b) the individual predeceases the member; or

(3) The scheme manager may determine that the nomination of an individual is invalid if the individual is convicted of manslaughter of the member or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element.

Payment of lump sum death benefit to nominees or personal representatives

97

(1) The scheme manager may pay a lump sum death benefit to—

(a) the person or persons nominated by the member under regulation 95 (“the nominees”);

(b) the member’s personal representatives; or

(2) If the scheme manager decides to pay all or part of the lump sum death benefit to the nominees and more than one individual has been nominated, the payment is to be made to them—

(a) in the proportions specified by the member in the nomination; or

(b) if the member has not specified proportions, in the proportions the scheme manager considers appropriate.

(3) If the scheme manager decides to pay the lump sum death benefit to both the nominees and the personal representatives, the payment is to be made to them in the proportions the scheme manager considers appropriate.

Members affected by court orders to former spouses and civil partners on death

98

(1) This regulation applies if on a member’s death the scheme manager is required under a court order to pay any part of a lump sum death benefit to the member’s former spouse or civil partner.

(2) The amount of lump sum death benefit payable under regulation 97 is first determined as if no such order had been made, and then this Part applies as if the amount payable under regulation 97 were reduced by the amount payable under the court order.

Recovery of payments

99

The scheme manager may recover a lump sum death benefit paid to any person if the person’s nomination is subsequently found to be invalid.

CHAPTER 5 — Amount of lump sum death benefits

Meaning of “final pay”

100

(1) In this Chapter, “final pay” in relation to a continuous period of pensionable service means the greater of the following amounts—

(a) the amount of a member’s pensionable earnings payable in respect of the 12 months ending with the last day of pensionable service;

(b) the amount of a member’s pensionable earnings payable in respect of any scheme year (“the earnings year”) in the 10 scheme years immediately before the last active scheme year.

(2) For the purpose of determining which of the amounts mentioned in paragraph (1) is the greater—

(a) if the member’s continuous period of pensionable service was less than 12 months, the amount in paragraph (1)(a) is an amount equal to the member’s annualised final pay; and

(b) the amount in paragraph (1)(b) is adjusted for inflation in accordance with paragraph (3).

(3) The amount of pensionable earnings payable in respect of the earnings year is adjusted for inflation by increasing it by the same amount as that by which the annual rate of a pension of an amount equal to the amount of pensionable earnings would have been increased under PIA 1971 by the day following the last day of pensionable service if—

(a) that pension was eligible to be so increased; and

(b) the beginning date for that pension was the first day of the next scheme year after the earnings year.

(4) In this regulation and in regulation 101, if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes—

(a) the member’s pensionable earnings under a pre-2022 scheme before the closing date; and

(b) the amount which is the higher of—

(i) the total fees paid to the member in respect of qualifying fee-paid service in the period in question, or

(ii) the total fees which would have been paid to the member in respect of such service in the period in question if, for any office held by the member, the daily fee paid to the member had been the daily fee determined by an Employment Tribunal or accepted by the appropriate Minister to be payable in respect of that period.

(5) In this regulation “qualifying fee-paid service” has the meaning given in regulation 4 of the FPJR 2017.

Meaning of “annualised final pay”

101

(1) For the purposes of this Chapter, for a continuous period of pensionable service that is less than 12 months, a member’s annualised final pay is:

$$FP×365N$ where— FP is the amount of the member’s pensionable earnings payable in respect of that period of service; and N is the number of days in that period.$

(2) If the continuous period of pensionable service includes the day 29th February, paragraph (1) has effect with the substitution for “365” of “366”.

Amount payable on death of active member (death in service)

102

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).

(2) If the member is a transition member with continuity of service, the period of service includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.

(3) For the purpose of this regulation, a person dies in service if the person dies while an active member of this scheme in relation to a period of service.

(4) The amount of the lump sum death benefit payable in respect of a person who dies in service (P) is the amount in paragraph (5) or (6), whichever is the greater.

(5) The amount in this paragraph is an amount equal to X-Y where—

X is— if P’s period of service was at least 12 months, twice the amount that would have been P’s final pay if P had ceased to be in pensionable service at the time of death; or if P’s period of service was less than 12 months, twice P’s annualised final pay; and

Y is— any lump sum paid under this scheme to P before P’s death; and any lump sum death benefit payable under this scheme in respect of P after P’s death.

(6) The amount in this paragraph is an amount equal to X-Y where—

X is the total annual amount of P’s full retirement pensions in relation to that period of service, multiplied by 5;

Y is the total amount of any payments of retirement pension made to P under this scheme; and

“total annual amount” in relation to P’s full retirement pensions means the total of— the annual rate of full retirement pension calculated as if the beginning date for that pension were the date of P’s death, but without subtracting the early payment reduction (if any); and the amount of increase (if any) in the annual rate of that pension under PIA 1971 payable as at the date of P’s death.

(7) For the purpose of this regulation, any amounts paid or payable to or in respect of P in the capacity of a pension credit member are disregarded.

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

Amount payable on death of deferred member or pensioner member (death out of service)

103

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).

(2) If the member is a transition member with continuity of service, the period of service includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.

(3) For the purpose of this regulation, a person dies out of service if the person—

(a) dies while a deferred member or pensioner member of this scheme in relation to that period of service; and

(b) is not an active member of the scheme when the person dies.

(4) The amount of the lump sum death benefit payable in respect of a person who dies out of service (P) is equal to—

(a) the total annual amount of P’s full retirement pensions in relation to the period of service, multiplied by 5; less

(b) the total amount of any payments of retirement pension made to P under this scheme.

(5) In paragraph (4)(a), “total annual amount” in relation to P’s full retirement pensions means the total of—

(a) the annual rate of full retirement pension calculated as if the beginning date for that pension were—

(i) if P died while a deferred member of the scheme, the date of P’s death; or

(ii) if P died while a pensioner member of the scheme, the day P’s pension was deemed to begin for the purposes of section 8(2) (meaning of “pension” and other supplementary provisions) of the PIA 1971[^f00035]; and

(b) the amount of increase (if any) in the annual rate of that pension under PIA 1971 payable as at the date of P’s death.

(6) For the purpose of this regulation any amounts paid or payable to or in respect of the member in the capacity of a pension credit member are disregarded.

Amount payable on death of pension credit member

104

(1) Paragraph (2) applies if a pension credit member of this scheme dies before any benefits derived from a pension credit have become payable to the member.

(2) The amount of the lump sum death benefit is equal to 25% of the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 1993[^f00036] in respect of the member’s right to benefits under this scheme attributable (directly or indirectly) to a pension credit if—

(a) the member had been entitled to require the payment of that amount; and

(b) the amount had been payable as at the date of the member’s death.

(3) Paragraph (4) applies if a pension credit member dies after the pension credit member’s pension becomes payable.

(4) The amount of the lump sum death benefit is equal to the amount of pension credit member’s pension that would have been payable to the member during so much of the period of 5 years beginning with the date on which the pension became payable as falls after the date of the member’s death.

(5) In paragraph (4), “amount of pension credit member’s pension” means the sum of—

(a) the annual rate of that pension as at the date the pension was deemed to begin for the purposes of section 8(2A) (meaning of “pension” and other supplementary provisions) of PIA 1971[^f00037]; and

(b) the amount of increase (if any) in the annual rate of that pension under that Act payable as at the date of the member’s death.

PART 9 — Contributions

Rate of member contributions

105

(1) An active member of this scheme must pay contributions to this scheme (“member contributions”) on the member’s pensionable earnings for each pay period at a rate determined under this regulation (“member contributions rate”).

(2) The member contributions rate which applies to a member’s pensionable earnings is the rate which applies when the member’s pensionable earnings are paid.

(3) For the purposes of paragraph (2), assumed pay for any pay period is treated as having been paid when pensionable earnings for that period would have been paid if the circumstances in regulation 17(3) (in relation to salaried office holders) or regulation 18(5) (in relation to fee-paid office holders) which apply to the member had not applied.

(4) Subject to paragraph (5), the member contributions rate in relation to each payment of a member’s pensionable earnings is 4.26%.

(5) Where the member was the holder of a qualifying judicial office on 31st March 2022, the member may exercise an option within 3 months of the closing date to pay pension contributions at a rate of 3% during the period from 1st April 2022 to 31st March 2025.

(6) The option under paragraph (5) may only be exercised by notice to the scheme manager in a form required by the scheme manager (“opt-in notice”).

(7) A member who exercises the option under paragraph (5) is taken to exercise that option on the date on which the opt-in notice is received by the scheme manager.

Amount of pensionable earnings: assumed pay

106

(1) For the purposes of regulation 105, the amount of a member’s pensionable earnings for any period of assumed pay is determined in accordance with this regulation.

(2) Unless paragraph (3) or (4) applies, the amount of the member’s pensionable earnings is equal to the member’s assumed pay.

(3) For any period of assumed pay under regulation 17(3)(a) (meaning of “assumed pay”: salaried office holders) or 18(5)(a) (meaning of “assumed pay”: fee-paid office holders), the amount of the member’s pensionable earnings is equal to the member’s reduced pay while on sick leave.

(4) For any period of assumed pay under regulation 17(3)(b) or (c) or 18(5)(b) or (c), the amount of the member’s pensionable earnings is the amount of remuneration or statutory pay actually paid to or for the member in respect of the period of adoption leave, maternity leave, parental leave, paternity leave , additional paternity leave or neonatal care leave.

Payment of member contributions

107

(1) Member contributions are to be deducted by the member’s employer from the member’s pensionable earnings for each pay period.

(2) A member’s employer may make contributions on the member’s behalf in circumstances determined by the scheme manager.

(3) A member is not required to pay member contributions—

(a) while the member is on unpaid adoption leave, maternity leave, parental leave, paternity leave , additional paternity leave or neonatal care leave; or

(b) with the employer’s approval, while the member is on unpaid leave.

Employers’ contributions

108

(1) Each employer of an active member of this scheme must pay contributions to this scheme in respect of the member at the rate and at the intervals the scheme manager may for the time being determine after consultation with the scheme actuary.

(2) Each employer of an active member of this scheme must in addition pay to this scheme—

(a) annual administration charges; and

(b) any other administrative charges,

at such intervals and at such rates as the scheme manager may from time to time determine.

PART 10 — Transfers

CHAPTER 1 — Preliminary

Application of Part

109

This Part—

(a) supplements the rights conferred by or under Chapter 1 (transfer values) of Part 4ZA of PSA 1993[^f00038] and is without prejudice to that Chapter; and

(b) supplements the rights conferred by or under Chapter 2 (early leavers: cash transfer sums and contribution refunds) of Part 4ZA of PSA 1993 and is without prejudice to that Chapter.

Interpretation of Part

110

In this Part—

“cash equivalent” means an amount calculated in accordance with regulations made under section 97 (calculation of cash equivalents) of PSA 1993[^f00039];

“guarantee date” has the meaning given in regulation 113;

“guaranteed cash equivalent” means, in relation to calculating the transfer value of accrued rights to benefits under this scheme, the cash equivalent of those benefits as at the guarantee date, as specified in a statement of entitlement;

“statement of entitlement” means, in relation to an active or deferred member’s accrued rights to benefits under this scheme, a statement by the scheme manager of the cash equivalent of those benefits as at the guarantee date;

“transfer value” means an amount equal to— the guaranteed cash equivalent of the accrued rights to benefits under this scheme; or the guaranteed cash equivalent together with any increase payable under regulation 115.

CHAPTER 2 — Transfers out

Transfer value payments made to other schemes or pension arrangements

111

(1) A transfer value payment may only be made in respect of the accrued rights to benefits of an active or deferred member of this scheme.

(2) A transfer value payment may only be made to—

(a) a registered pension arrangement in the United Kingdom; or

(b) a pension arrangement that is a qualifying recognised overseas pension scheme for the purposes of Part 4 (pension schemes etc.) of FA 2004.

(3) A transfer value payment may not be made in respect of rights that are attributable (directly or indirectly) to a pension credit.

(4) A member may only require the scheme manager to use a transfer value payment in a way specified in section 95(2A) (ways of taking right to cash equivalent) of PSA 1993[^f00040].

(5) The whole of the transfer value payment must be made in accordance with the provisions of this regulation.

Application for a statement of entitlement

112

(1) This regulation applies in relation to an active or deferred member of this scheme (P) who requires a transfer value payment to be made in respect of P’s accrued rights to benefits under this scheme.

(2) Before requesting the transfer value payment, P must apply for a statement of entitlement by notice to the scheme manager.

(3) P may withdraw the application by notice to the scheme manager at any time before the statement is provided.

(4) P may make a second application by notice to the scheme manager in the period of 12 months beginning with the date of the first application[^f00041].

Statement of entitlement

113

(1) The scheme manager must specify in the statement of entitlement the date by reference to which the cash equivalent is calculated (“guarantee date”).

(2) The guarantee date must fall within both the following periods—

(a) unless paragraph (4) applies, the 3 months beginning with the date of the member’s application for the statement of entitlement (“the 3 month period”); and

(b) the 10 days ending with the date on which the member is provided with that statement (“the 10 day period”).

(3) In counting the 10 day period, Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday are excluded.

(4) The scheme manager may specify in the statement of entitlement a guarantee date that falls within the 6 months beginning with the date of the member’s application for the statement of entitlement if—

(a) for reasons beyond the control of the scheme manager, the information needed to calculate the amount of the cash equivalent cannot be obtained before the end of the 3 month period; and

(b) the scheme manager considers it reasonable to specify a guarantee date that falls outside the 3 month period.

Request for transfer value payment to be made

114

(1) An active or deferred member of this scheme who is provided with a statement of entitlement may request a transfer value payment to be made in respect of the member’s accrued rights to benefits under this scheme.

(2) The request for the transfer value payment must—

(a) be made by notice to the scheme manager;

(b) specify the pension scheme or other pension arrangement to which the transfer value payment is to be made; and

(3) The member may, by notice to the scheme manager, withdraw the request at any time before the transfer value payment is made.

(4) The member may not withdraw the request if an agreement for the use of the whole or part of the transfer value payment has already been entered into with a third party.

Calculating the amount of a transfer value

115

(1) If a transfer value is paid later than 6 months after the guarantee date, the amount of the guaranteed cash equivalent must be increased in accordance with regulations made under section 97 (calculation of cash equivalents) of PSA 1993.

(2) If the transfer value is less than the minimum transfer value, the amount of the transfer value must be increased so that it is equal to the amount of the minimum transfer value.

(3) In this regulation—

“minimum transfer value” means the total of the sum of all member contributions made by the member; and

“member contributions” has the meaning given in regulation 105 (rate of member contributions).

Effect of transfers-out

116

If a transfer value payment is made under this Chapter in respect of a member’s accrued rights to benefits under this scheme, those rights are extinguished.

PART 11 — Actuarial valuations and employer cost cap

Appointment of scheme actuary and actuarial valuations

117

(1) The Lord Chancellor must appoint an individual (the “scheme actuary”) to provide a consulting service on actuarial matters in relation to this scheme and any connected scheme.

(2) Subject to paragraph (3), the scheme actuary is responsible for—

(a) carrying out valuations of this scheme and any connected scheme; and

(b) preparing reports on the valuations.

(3) The scheme actuary is not required to value a connected scheme which is a specified restricted scheme for the purposes of section 12A(3) (sections 11 and 12: restricted schemes) of the Act.

(4) Before appointing an individual as scheme actuary the Lord Chancellor must be satisfied that the actuary is appropriately qualified to carry out valuations of this scheme and any connected scheme in accordance with Treasury directions under section 11 (valuations) of the Act (the “Treasury directions”).

(5) The scheme manager is responsible for providing the scheme actuary with any data that the scheme actuary requires in order to carry out a valuation and prepare a report on the valuation.

(6) A valuation of the scheme and any connected scheme and the preparation of a report on the valuation must be carried out in accordance with the Treasury directions.

(7) Valuations of the scheme must be carried out within a time-frame which enables requirements in the Treasury directions regarding dates which are applicable to the valuation to be met.

PART 12 — Supplementary

CHAPTER 1 — Dual capacity members

Meaning of “dual capacity member”

118

(1) A person (P) is a dual capacity member of this scheme if—

(a) P is a member of this scheme in two or more of the following capacities—

(i) an active member;

(ii) a deferred member;

(iii) a pensioner member;

(b) P is both a pension credit member of this scheme and a member of this scheme in one or more of the following capacities—

(i) an active member;

(ii) a deferred member;

(iii) a pensioner member;

(d) P is a pension credit member of this scheme entitled to two or more pension credits.

(2) For the purpose of paragraph (1)(a) or (b)—

(a) in determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member and the person’s rights in that capacity are to be disregarded; and

(b) in determining whether a person who is an active member or pensioner member is also a deferred member, the fact that the person is an active member or pensioner member and the person’s rights in that capacity are to be disregarded.

Payment of benefits to or in respect of a dual capacity member

119

(1) If a person is a dual capacity member of this scheme—

(a) the benefits that are payable to or in respect of the member in each of the member’s capacities are treated separately for the purposes of these Regulations; and

(b) the amounts payable to or in respect of the member in each of the member’s capacities are determined accordingly.

(2) In relation to payment of retirement benefits, paragraph (1) does not affect the interpretation of regulation 49 (exercise of partial retirement option) if a member is both an active member and a pensioner member by virtue of that regulation.

(3) In relation to payment of death benefits, paragraph (1) does not prevent—

(a) the calculation under regulation 97 (payment of lump sum death benefit to nominees or personal representatives) of a lump sum payable on the death of an active member of this scheme being made by reference to amounts that are relevant to the member in another capacity;

(b) the calculation under regulation 98 (members affected by court orders to former spouses and civil partners) on death of a lump sum payable on the death of a deferred member or pensioner member of this scheme being made by reference to amounts that are relevant to the member in both of those capacities; or

(i) a deferred member of this scheme in relation to two or more continuous periods of pensionable service; or

(ii) a pensioner member of this scheme in relation to two or more continuous periods of pensionable service.

CHAPTER 2 — Payment of benefits: general

Late payment of retirement index adjustment

120

Nothing in these Regulations requires any part of a pension attributable to a retirement index adjustment to be paid before the end of the last active scheme year.

Commutation of small pensions

121

(1) This regulation applies if—

(a) the pension entitlement of a single capacity member or the pension entitlement of a single capacity member’s beneficiary does not exceed the small pensions commutation maximum; or

(b) the total pension entitlement of a dual capacity member or the total pension entitlement of a dual capacity member’s beneficiary does not exceed the small pensions commutation maximum.

(2) The scheme manager may, subject to paragraph (4), pay the member or the member’s beneficiary a lump sum of an amount advised by the scheme actuary as representing the cash value of the pension if—

(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the pension; and

(b) the requirements of the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme, are met.

(3) The lump sum under paragraph (2) may only be paid before the first payment of the pension is made.

(4) The scheme manager may not pay a lump sum under paragraph (2) which would be a trivial commutation lump sum had this scheme been a registered pension scheme where—

(a) the member has been paid—

(i) a trivial commutation lump sum under the 2015 Regulations or from any registered pension scheme; or

(ii) a lump sum from the FPJR 2017 which would have been a trivial commutation lump sum had that scheme been a registered pension scheme; and

(b) a period of 12 months has elapsed from the date of that payment (or the earlier or earliest such payment where there is more than one).

(5) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.

(6) In this regulation—

“the commutation provisions” means the provisions permitting the commutation of pensions set out in— paragraph 7 of Schedule 29 (registered pension schemes: authorised lump sums - supplementary) to FA 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act)[^f00042] and, in relation to a pension payable under Part 8, paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act)[^f00043]; and Part 2 (commutation payments) of the Registered Pension Schemes (Authorised Payment) Regulations 2009[^f00044];

“single capacity member” means a member of this scheme who is not a dual capacity member; and

“the small pensions commutation maximum” means the amount that is permitted to be commuted taking account of all sources of pension and having regard to the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme.

Commutation supplement: small pensions

122

(1) Where—

(a) a member (P) ceases to be in pensionable service under this scheme (other than by death in service); and

(b) P has exercised the option under regulation 121(2),

CHAPTER 3 — Forfeiture and set-off

Forfeiture: offences committed by members

123

(1) If a member is convicted of a relevant offence, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable under this scheme to or in respect of the member.

(2) In this regulation—

“forfeiture certificate” means a certificate stating that the appropriate Minister and relevant head of jurisdiction issuing the certificate consider that the offence—has been gravely injurious to the administration of justice; oris liable to lead to serious loss of confidence in the judiciary; and

“relevant offence” means—one or more offences under the Official Secrets Acts 1911 to 1989 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion to—a term of imprisonment of at least 10 years; ortwo or more consecutive terms of imprisonment which add up to at least 10 years;offences committed in connection with service in a qualifying judicial office and in respect of which the appropriate Minister and relevant head of jurisdiction have issued a forfeiture certificate.

Forfeiture: offences committed by a member’s beneficiary

124

(1) Where a member of this scheme (D) dies, and the beneficiary of D is convicted of a relevant criminal offence, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable to the beneficiary in respect of D.

(2) If the appropriate Minister withholds all of the benefits payable to a beneficiary, Part 8 applies as if the beneficiary had died before D.

(3) In this regulation, “relevant criminal offence” means—

(a) the murder of D;

(b) the manslaughter of D; or

Forfeiture: relevant monetary obligations and relevant monetary losses

125

(1) If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the appropriate Minister may, in agreement with the relevant head of jurisdiction and to the extent that they both consider appropriate, withhold benefits payable to P under this scheme.

(2) The appropriate Minister may not withhold more than the lesser of—

(a) the amount of the relevant monetary obligation or relevant monetary loss; and

(b) the value of P’s entitlement to benefits.

(3) The appropriate Minister may only withhold benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b) the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbitrator;

(iii) in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(4) In this regulation—

“relevant monetary obligation” means a monetary obligation which— was incurred to the Crown or P’s employer (if different); was incurred after P became an active member of this scheme; arose out of P’s criminal or fraudulent act or omission; and arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.

“relevant monetary loss” means a monetary loss which— was caused to this scheme; and arose as a result of P’s criminal or fraudulent act or omission.

Set-off

126

(1) The appropriate Minister may, in agreement with the relevant head of jurisdiction, set off an applicable monetary obligation against a member’s entitlement to benefits under this scheme.

(2) In this regulation, an “applicable monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).

(3) The conditions of this paragraph are that the monetary obligation—

(a) was incurred to the Crown or P’s employer (if different);

(b) arose out of P’s criminal or fraudulent act or omission;

(d) arose out of or was connected with service in a qualifying judicial office in respect of which P is a member of this scheme.

(4) The conditions of this paragraph are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of P’s criminal or fraudulent act or omission.

(5) The conditions of this paragraph are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of a payment made to P in error by the scheme manager.

(6) The value of the set-off applied must not exceed the lesser of—

(a) the amount of the relevant monetary obligation;

(b) the value of P’s entitlement to benefits.

(7) The appropriate Minister may only set off a relevant monetary obligation against P’s entitlement to benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation; or

(b) the relevant monetary obligation is enforceable—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbitrator;

(iii) in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

CHAPTER 4 — General

Calculation of periods of membership and service

127

(1) For the purposes of this scheme, periods of membership and service are to be expressed in the first instance in whole years, and days and fractions of a day, and the initial aggregation of periods that require to be aggregated is done in the first instance by reference to periods so expressed.

(2) If, when all periods of membership or service that require to be aggregated have been aggregated, there is any excess part day over the number of whole days, that excess is rounded up to a full day.

(3) Paragraphs (1) and (2) are subject to paragraph (4).

(4) If membership or service is referred to in these Regulations as membership or service in years—

(a) the days referred to in paragraph (1); and

(b) the full days referred to in paragraph (2),

are converted into years by dividing the number of days in excess of the period of whole years by 365, and using the result to 4 decimal places.

(5) If a period of membership or service is less than one year, this regulation applies as if the words “whole years, and” were omitted from paragraph (1) and the words “in excess of the period of whole years” were omitted from paragraph (4).

Determination of questions

128

(1) Except as otherwise provided by these Regulations, any question arising under this scheme is to be determined by the scheme manager, whose decision on it is final.

(2) The scheme manager must, in consultation with the Judicial Pension Board, establish a procedure for the determination of disputes relating to members or other persons with an interest in the scheme.

(3) A procedure established under paragraph (2) must meet the requirements of section 50 (requirement for dispute resolution arrangements) of the PA 1995[^f00046].

Evidence of entitlement

129

(1) The scheme manager may require any person who is receiving a pension under this scheme to provide evidence to establish—

(a) the person’s identity; and

(b) the person’s continuing entitlement to payment of any amount.

(2) If the person does not provide the required evidence, the scheme manager may withhold the whole or any part of any benefits payable under this scheme in respect of the person.

Provision of benefit information statements to members

130

(1) The scheme manager must provide benefit information statements to each active member of this scheme in accordance with—

(a) section 14 (information about benefits) of the Act; and

(b) directions given under that section (“Treasury directions”).

(2) The statement must contain the following information about the member’s benefits as at the date of the statement—

(a) the amount of accrued pension specified in the each of the active member’s accounts as at that date;

(b) the opening balance for that year and the index adjustment for that opening balance;

(d) any other information required by Treasury directions.

Amendment to the Public Service Pensions Act 2013 (Judicial Offices) Order 2015

131

(1) In article 3 of the Public Service Pensions Act 2013 (Judicial Offices) Order 2015[^f00047] (“the Judicial Offices Order”), for “the Schedule” substitute “Schedule 1 or Schedule 2”.

(2) The Schedule to the Judicial Offices Order is amended as follows—

(a) after the entry for “Chair of the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal holding office on or after 1st April 2021” insert the following entries—

Chair of the Police Appeals Tribunal”; “Chair of the Plant Varieties and Seeds Tribunal

(b) after the entry for “Master of the Rolls” insert the following entries—

Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 who is appointed to serve as a member of that panel and is a barrister or solicitor”; “Member of a panel of chairmen appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998”; “Member of a panel of chairmen appointed under regulation 4(1)(a) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

(c) after the entry for “Other member of the Upper Tribunal, where the office is held by a person who sits as a Chairman in the Lands Chamber and is a Member or Fellow of the Royal Institution of Chartered Surveyors holding office on or after 1st April 2021” insert the following entries—

Part-time Sheriff (Scotland)”; “Part-time Stipendiary Magistrate (Scotland)”; “Part-time Summary Sheriff (Scotland)”; “President of appeals tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order

(d) after the entry “President of the Welsh Tribunals holding office on or after 1st April 2021” insert the following entries—

President or other member of the Lands Tribunal where that office is held on a salaried basis”; “President or Vice-President of the Industrial Tribunals and Fair Employment Tribunal appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998

(e) for the entry for “President or Chairman of the Special Educational Needs Tribunal for Wales” substitute—

President or member of the legal chair panel of the Education Tribunal for Wales

(f) after the entry for “Temporary High Court Judge (Northern Ireland)” insert—

Temporary Judge (Scotland)

(3) The existing Schedule to the Judicial Offices Order is renamed “Schedule 1”.

(4) After Schedule 1 to the Judicial Offices Order, as so renamed, insert the Schedule set out in Schedule 2 to these Regulations.

Information to be provided by employers

132

An employer of a member of this scheme must, by such date as the scheme manager may specify, provide the scheme manager with such information as the scheme manager may request—

(a) in connection with the scheme manager’s or scheme administrator’s functions in relation to this scheme; or

(b) to enable the scheme manager or Lord Chancellor to fulfil any obligations on the scheme manager or Lord Chancellor set out in or under legislation.

Financial provision

133

Any pension or lump sum payable under this scheme to or in respect of a person who has held an office specified in Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993[^f00048] is to be charged on, and paid out of, the Consolidated Fund.

Transitional provisions

134

Schedule 1 has effect.

Sitting in retirement offices

135

Schedule 2 has effect.

Modifying provisions and amendments

136

Schedule 3 has effect.

SCHEDULE 1 — Transitional provisions

PART 1 — General

Interpretation

1

In this Schedule—

“closing date”, in relation to a transition member, means 31st March 2022[^f00049];

“transition date”, in relation to a transition member, means the day after the closing date;

“transition member” means a person— who is a member of a pre-2022 scheme by virtue of the person’s pensionable service under that scheme before the transition date; and who is a member of this scheme by virtue of the person’s pensionable service under this scheme.

Meaning of “continuity of service”

2

(1) A transition member (T) has continuity of service between pensionable service in a pre-2022 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.

Commencement of active membership of this scheme

3

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

Transition member who has not reached normal pension age under a pre-2022 scheme

4

(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 pre-2022 scheme.

(2) If the member is entitled under this scheme and a pre-2022 scheme to immediate payment of an ill-health pension, the annual rate of that ill-health pension is, subject to sub-paragraph (3), the sum of—

(a) the annual rate of an ill-health pension under the pre-2022 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 enhancement in respect of the member’s assumed period of pensionable service is not payable under a pre-2022 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).

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

PART 3 — Payment of death benefits in respect of transition members with continuity of service

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

5

(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 pre-2022 scheme to a surviving adult’s pension, the annual rate of that pension is, subject to sub-paragraph (3), the sum of—

(a) the amount of dependant’s earned pension calculated under regulation 84 (annual rate of surviving adult’s pensions payable on death of active member (death in service)) at the date of death; and

(b) the amount of the equivalent surviving adult’s pension payable under the pre-2022 scheme.

(3) Where there is an entitlement to a surviving adult’s pension, the payment of any enhancement in respect of the member’s assumed period of pensionable service is not payable under a pre-2022 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; and ending with— for a member appointed for a fixed term, the day on which that term would have ended; and for 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; and the member’s pensionable service under a pre-2022 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

6

(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, subject to sub-paragraph (3), the sum of—

(a) the annual rate of child’s earned pension calculated under regulation 89 (annual rate of eligible child’s pension); and

(b) the annual rate of child’s pension payable under the pre-2022 scheme.

(3) Where a child’s pension is payable, the payment of any enhancement in respect of the member’s assumed period of pensionable service is not payable under a pre-2022 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; and ending with— for a member appointed for a fixed term, the day on which that term would have ended; and for 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; and the member’s pensionable service under a pre-2022 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

7

(1) This paragraph applies in relation to a transition member with continuity of service who dies in service within the meaning of regulation 97 (payment of lump sum death benefit to nominees or personal representatives).

(2) On the death of the member—

(a) a lump sum death benefit is payable under regulation 97; but

(b) a death in service lump sum death benefit is not payable under a pre-2022 scheme.

Death out of service lump sum

8

(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 pre-2022 scheme.

(2) On the death of such a member—

(a) if regulation 103 (amount payable on death of deferred member or pensioner member (death out of service)) 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 pre-2022 scheme and the conditions for payment of a death out of service lump sum death benefit under the rules of the pre-2022 scheme are met, a death out of service lump sum death benefit is payable under that scheme.

PART 4 — Transitional provisions relating to pre-2022 scheme

Pensionable service under pre-2022 scheme

9

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

(2) In determining whether T qualifies under a pre-2022 scheme for retirement benefits, T’s pensionable service under that scheme is to be treated as terminating when T’s pensionable service under this scheme terminates;

(3) In determining T’s final salary for any purposes of a pre-2022 scheme under Schedule 7 (final salary link) to the Act, pensionable earnings derived from service under this scheme are to be regarded as derived from service under a pre-2022 scheme; and

(4) 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 a pre-2022 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 pre-2022 scheme

10

If a transition member with continuity of service (T) opts out of this scheme and T has less than 2 years’ qualifying service, T must be repaid T’s member’s contributions under a pre-2022 scheme.

Qualifying for retirement benefits under the pre-2022 scheme

11

In determining whether a transition member with continuity of service (T) qualifies for retirement benefits under a pre-2022 scheme, T’s qualifying service includes the total of—

(a) T’s qualifying service under a pre-2022 scheme; and

(b) T’s qualifying service under this scheme.

Nomination under the pre-2022 scheme continues to have effect

12

(1) This paragraph applies if a transition member with continuity of service (T) 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 T makes a nomination under these Regulations.

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

(a) was made for the purpose of a pre-2022 scheme; and

(b) as at the closing date, had effect under that scheme.

Pre-commencement contributions

13

Regulation 58(4) (payment of pre-commencement contributions amount) of the FPJR 2017 applies with the modification that for the words in sub-paragraph (b) from “where P dies before retiring” to the end there is substituted “if applicable, the death in service lump sum payable under regulation 102 in the Judicial Pensions Regulations 2022.”.

PART 5 — Transitional provisions relating to the 2015 scheme

Deferred members of the 2015 scheme

14

(1) This paragraph applies to a transition member with continuity of service (T) who—

(a) is a member of the 2015 scheme by virtue of T’s pensionable service under that scheme before the transition date; or

(b) is deemed to have been an active member of the 2015 scheme by virtue of regulations 38A(2) or 38B(2) of, or paragraphs 23A(2) or 23B(2) of Schedule 1 to, the 2015 Regulations.

(2) Subject to sub-paragraph (3), T is deemed to be an active member of the 2015 scheme until T becomes a deferred or pensioner member of this scheme.

(3) T is not required to make any member contributions in the 2015 scheme after the transition date.

(4) If T re-enters pensionable service under this scheme after a gap in service not exceeding 5 years, T ceases to be a deferred member of the 2015 scheme.

SCHEDULE 2 — Sitting in Retirement offices

SCHEDULE 3 — Modifying provisions and amendments

PART 1 — Modification of early leaver and other provisions

Application of this Part

1

(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 (existing pension schemes) to the Act, whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 (final salary link) to the Act;

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

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

(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.

Preservation of benefit

2

(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 70[^f00050] (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, as appropriate in the relevant contexts;

(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;

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