PART 1 PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Judicial Pensions (Fee-Paid Judges) Regulations 2017 and come into force on—

(a) 1st April 2017, or

(b) if later, the day after the day on which they are made.

Interpretation

2. —(1) In these Regulations—

“ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022;

“ the 1995 Regulations ” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 ;

“ the 2023 Regulations ” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;

“ the 2017 schemes ” means the principal scheme, the JAVC scheme, the FPJAYS , the JASAPS and the FPJABS ;

“ the FPJABS ” means the Fee-Paid Judicial Added Benefits Scheme constituted by Part 14A;

“ the JAVC scheme ” has the meaning given by regulation 90;

“ the FPJAYS ” means the Fee-Paid Judicial Added Years Scheme constituted by Part 13;

“ the JASAPS ” means the Fee-Paid Judicial Added Surviving Adult's Pension Scheme constituted by Part 14;

“ JUPRA service ” means service in a qualifying judicial office as defined in section 1(6) of the Judicial Pensions and Retirement Act 1993;

“ the post-1995 provisions ” means the provisions for the calculation of benefits contained in Parts 3 and 6;

“ a 2015 scheme election ” has the meaning given in section 44 of PSPJOA 2022;

“ the pre-1995 provisions ” means the provisions for the calculation of benefits contained in Part 2B;

“ active member ” has the meaning given by regulation 9;

“ the administrators ” means the administrators entrusted with the administration of the scheme constituted by Part 1 of the Judicial Pensions and Retirement Act 1993;

“ the amendment day ” means 1st April 2023;

“ appropriate annual salary ” has the meaning given by regulation 7;

“ benefits ” means any pension or lump sum payable under the principal scheme except where the context otherwise requires;

“ benefit crystallisation event ” has the meaning given by section 216 of the Finance Act 2004 ;

“ the commencement day ” means the date on which these Regulations come into force;

“ eligible child ” has the meaning given by regulation 40;

“ eligible fee-paid judicial office ” has the meaning given by regulation 3(2);

“ fee-paid judicial office ” has the meaning given by regulation 3(1);

“ guaranteed minimum pension ” has the meaning given in paragraph 1(1) of Schedule 2 to the Judicial Pensions and Retirement Act 1993 ;

“ the ill-health certification condition ” has the meaning given by regulation 23;

“ the interim payments amount ” has the meaning given by regulation 49;

“ judicial office ” has the meaning given by regulation 3(1);

“ lifetime allowance charge ” has the meaning given by section 214 of the Finance Act 2004;

“ member ” means a person who is a member of the principal scheme under regulation 8;

“ normal pension age ” means (except in Part 11)—

“ opted-out member ” has the meaning given by regulation 9;

“ partial retirement ” has the meaning given by regulation 3(4);

“ permitted maximum ” has the meaning given in section 3(3A) of the Judicial Pensions and Retirement Act 1993 ;

“ the principal scheme ” means the scheme constituted by Parts 1 to 11 of these Regulations;

“ qualifying child ” in relation to a member means a child who would be an eligible child if the member were dead;

“ qualifying fee-paid day ” has the meaning given by regulation 4;

“ qualifying fee-paid service ” has the meaning given by regulation 4;

“ qualifying judicial service ” has the meaning given by regulation 6;

“ reckonable service ” has the meaning given by regulation 5;

“ registered pension scheme ” means a pension scheme that is a registered pension scheme under Chapter 2 of Part 4 of the Finance Act 2004 ;

“ remediable service ” has the meaning given in section 39 of PSPJOA 2022;

“ retires ” has the meaning given by regulation 3(3) and cognate expressions are to be construed accordingly;

“ service credit day ” has the meaning given in regulation 4(3A);

“ service credit day multiplier ” means 0.67 where the relevant office is that of Deputy Adjudicator HM Land Registry, 0.00 where the relevant office is that of Judge of the Consumer Credit Appeal Tribunal or Judge of the Estate Agents Appeal Tribunal, and otherwise—

“ service limitation date ” in relation to an office means a date specified in Schedule 1 in relation to that office after which service may count as qualifying fee-paid service;

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“ tax year ” has the meaning given in section 4(2) of the Income Tax Act 2007 .

(2) Where a calculation performed under these Regulations—

(a) results in an amount containing a fraction of £1, the amount is to be rounded up to the next whole £1,

(b) results in a period containing a fraction of a year, the period is to be given to four decimal places.

Judicial office, retirement and partial retirement

3. —(1) In these Regulations—

(a) “ judicial office ” means an office specified in column 1 of any of the tables in Schedule 1 (“a specified office”), an office which has been replaced by a specified office, or an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 ;

(b) “ fee-paid judicial office ” means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary).

(2) For the purposes of these Regulations, a fee-paid judicial office held by a person (“P”) is an “eligible fee-paid judicial office” if P satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office.

(3) For the purposes of these Regulations, P “retires” at the time when P, having held one or more judicial offices—

(a) ceases to hold all such offices, other than by reason of P's death; and

(b) is not immediately afterwards appointed to another judicial office.

(4) In these Regulations, a reference to a member taking “partial retirement” in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2).

Qualifying fee-paid days and qualifying fee-paid service

4. —(1) For the purposes of these Regulations, a day (“ the relevant day ”) is a “qualifying fee-paid day” worked by a member (“P”) in an eligible fee-paid judicial office, if—

(a) P received a fee, in P's capacity as the holder of that fee-paid judicial office, in respect of the relevant day; and

(b) the following conditions are met.

(2) The conditions are—

(a) that P is not an opted-out member of the principal scheme on the relevant day;

(b) that the relevant day is on or after any service limitation date specified in Schedule 1 in relation to the fee-paid judicial office, ;

(ba) that the relevant day was not worked by P in an eligible fee-paid judicial office before 31st March 1995, where P had a new appointment, as that term is defined in regulation 11B(2), before 31st March 1995, unless the retirement benefits in relation to that new appointment are to be calculated under the post-1995 provisions or are in relation to JUPRA service;

(c) that P is not eligible to be a member of the pension scheme established by the Judicial Pensions Regulations 2015 in relation to the relevant day.

(3) In these Regulations “ qualifying fee-paid service ”, in relation to an eligible fee-paid judicial office held by P, means (subject to paragraphs (3B) and (4)) the total number of qualifying fee-paid days worked by P in that office.

(3A) A service credit day is a day worked by P on or before the service limitation date applicable to an eligible fee-paid judicial office.

(3B) Any service credit days are taken into account in determining P’s qualifying fee-paid service under paragraph (3) after multiplying the number of service credit days by the service credit day multiplier in relation to that office.

(4) Where the fee paid to P in respect of a qualifying fee-paid day was not paid at the full daily rate for the fee-paid judicial office in question but at a proportion of that rate, only that proportion of the qualifying fee-paid day is to be taken into account under paragraph (3) in determining P's qualifying fee-paid service.

(4A) Where P first held an eligible fee-paid judicial office specified in Tables 1 or 2 of Schedule 1 before 31st March 1995, and benefits in relation to that office are to be calculated under the post-1995 provisions, for the purposes of determining P’s qualifying fee-paid service, a multiplier of 1.25 is to be applied to the number of qualifying fee-paid days before the date of any new appointment, as that term is defined in regulation 11B(2), or to the number of qualifying fee-paid days on or before the date any election under regulation 11C takes effect.

(5) For the purposes of this regulation, “ fee ” does not include statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay.

(6) Where at any time after 1st April 2010 P takes maternity leave during P's appointment to an eligible fee-paid judicial office P's qualifying fee-paid service is to be increased by adding Z days in relation to each period of maternity leave taken by P after that date, where Z is determined in accordance with the following formula—

(7) For the purposes of paragraph (6), “ maternity leave ” includes compulsory maternity leave and ordinary maternity leave as defined in section 213 of the Equality Act 2010 .

Reckonable service

5. —(1) In these Regulations, “ reckonable service ”, in relation to an eligible fee-paid judicial office (“the relevant office”) held by a member (“P”), means the period, expressed in years and any fraction of a year, determined in accordance with the following formula—

(2) But where P's reckonable service in relation to the relevant office, as determined under paragraph (1), is greater than the maximum amount in relation to that office, P's reckonable service is instead that maximum amount.

(3) Paragraph (4) applies where, on the reckonable service date, the only eligible fee-paid judicial office in which P has qualifying fee-paid service is the relevant office.

(4) The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

(5) Paragraph (6) applies where—

(a) on the reckonable service date, P has qualifying fee-paid judicial service in more than one eligible fee-paid judicial offices, but

(b) the relevant office is the only such office that P holds on that date.

(6) The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

(7) Paragraph (8) applies where P ceases to hold one or more eligible fee-paid judicial offices on the reckonable service date.

(8) The maximum amount in relation to each of those eligible fee-paid judicial offices is to be calculated separately by taking the following steps.

• Step 1

  Calculate the maximum amount for the eligible fee-paid judicial office with the highest appropriate annual salary in accordance with the formula—

  

• Step 2

  Calculate the maximum amount for each of the other eligible fee-paid judicial offices in turn, taking the judicial office whose inclusion would result in a higher annual rate of pension per year of reckonable service taken into account before judicial offices whose inclusion would result in a lower annual rate of pension per year of reckonable service taken into account , in accordance with the formula—

  

(9) For the purposes of this regulation, A is—

(a) where P is not entitled to a pension under Part 1 of the Judicial Pensions and Retirement Act 1993 on the reckonable service date and will not become entitled to such a pension at any time after that date, nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's service in qualifying judicial office (within the meaning of that Part of that Act), and

(ii) 20.

(10) For the purposes of this regulation, B is—

(a) where—

(i) A is 20, or

(ii) P has not, before the reckonable service date, ceased to hold an eligible fee-paid judicial office in respect of which P has taken partial retirement,

nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's reckonable service in eligible fee-paid judicial offices which P ceased to hold before the reckonable service date and in respect of which P has taken partial retirement, and

(11) For the purposes of this regulation, C is—

(a) where , nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's reckonable service in the eligible fee-paid judicial offices which P ceased to hold on the reckonable service date for which the maximum amount of P's reckonable service has already been calculated under paragraph (8), or

(12) For the purposes of paragraphs (10)(b)(i) and (11)(b)(i)—

(a) the aggregate length of P’s reckonable service in the eligible fee-paid judicial offices is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply; and

(b) for any office which is specified in Tables 1 or 2 of Schedule 1 in relation to which benefits are to be calculated under the pre-1995 provisions, the following reckonable service in that office is to be multiplied by 20 and divided by 15 to give the amount of P’s reckonable service in that office—

(i) any reckonable service in relation to which benefits are to be calculated under the pre-1995 provisions,

(ii) any reckonable service before the date P had a new appointment as that term is defined in regulation 11B(2), and

(iii) any reckonable service before the date a notice under regulation 11C has effect.

(13) Where paragraph (6) or (8) do not permit all P's reckonable service to be taken into account, P's reckonable service in judicial offices which result in a higher annual rate of pension per year of reckonable service taken into account is to be taken into account before P’s reckonable service in judicial offices which result in a lower annual rate of pension per year of reckonable service taken into account .

(14) Where the maximum amount in relation to the relevant office would (apart from this paragraph) be negative, it is instead nil.

(15) In this regulation “ the reckonable service date ” means the day on which P ceases to hold the relevant office.

Qualifying judicial service

6. —(1) In these Regulations, “ qualifying judicial service ”, in relation to a member (“P”), means the period during which P holds a judicial office.

(2) For the purposes of determining P's qualifying judicial service—

(a) it does not matter whether P holds a judicial office before or after the commencement day;

(aa) it does not matter whether P holds a judicial office on or before any service limitation date applicable to that office;

(b) where there is more than one period during which P holds a judicial office, all such periods are to be aggregated;

(c) where P holds more than one judicial office during any period, the period is to be counted only once;

(d) any period during which P is an opted-out member of the principal scheme is to be disregarded; and

(e) any period during which P held a fee-paid judicial office which is not an eligible fee-paid judicial office is to be disregarded.

Appropriate annual salary

7. —(1) References in these Regulations to “the appropriate annual salary” of a judicial office (“the relevant judicial office”) held by a member (“P”), are to be construed in accordance with paragraphs (2) and (3).

(2) Where the relevant judicial office is a fee-paid judicial office, the references are to the amount determined in accordance with the following formula—

(3) Where the relevant judicial office is a salaried judicial office and benefits are to be calculated under the post-1995 provisions , the references are to the highest salary payable to P in respect of any continuous period of 12 months falling within the period of 3 years ending with—

(a) where P takes partial retirement in relation to the relevant judicial office, the day on which P takes partial retirement,

(b) otherwise, the day on which P retires.

(3A) Where the relevant judicial office is a salaried judicial office and benefits are to be calculated under the pre-1995 provisions, the references are to the last annual salary as that expression applies for the purposes of the Judicial Pensions Act 1981.

(4) In determining the highest daily fee payable to the holder of a judicial office, no account is to be taken of—

(a) a daily fee which is only payable to a single holder of a particular office at that time, unless that fee was payable to P in respect of the office in question,

(b) any amount added to the fee by way of a London weighting, unless P was at any time in the period referred to in paragraph (2)(a)(i) entitled to a London weighting in respect of the office in question.

(5) In this regulation—

(a) for the purposes of paragraph (2)(a), First-tier Tribunal Judges holding office in different chambers of the First-tier Tribunal are to be treated as holding different judicial offices (but P is not to be treated as taking partial retirement from a relevant office if P leaves a chamber of the First-tier Tribunal, if P continues to be a First-tier Tribunal Judge);

(b) “ salaried judicial office ” means a judicial office held by a person which is remunerated by payment of a salary.

PART 2 PRINCIPAL SCHEME MEMBERSHIP

Members

8.—(1) A person who held judicial office on or after 7th April 2000 (“ P ”), is a member of the principal scheme if P held a fee-paid judicial office at any time before the first relevant date and—

(a) P continued to hold judicial office on the second relevant date;

(b) P ceased to hold judicial office before the second relevant date and condition A is met; or

(c) P died before the second relevant date without having ceased to hold judicial office and condition B is met.

(2) Condition A is that—

(a) P presented a claim under the Part-time Worker (Prevention of Less Favourable Treatment) Regulations 2000 that P is entitled to a pension by virtue of holding that office (“a relevant claim”) to an employment tribunal or an industrial tribunal, and—

(i) the claim was presented before the end of the period of 3 months beginning with the date on which P ceased to hold that office; or

(ii) the tribunal has determined, or the appropriate Minister has accepted, that it is just and equitable to extend time for the presentation of the claim; or

(b) the appropriate Minister has accepted that if P presented a relevant claim, that claim would be in time (taking into account any extension of time).

(3) Condition B is that—

(a) P's personal representatives made a claim to an employment tribunal or an industrial tribunal before the end of the period of 3 months beginning with the date on which P died that benefits are payable in respect of P's death by virtue of P having held that office and that claim has not been rejected before the commencement day, or

(b) an employment tribunal or an industrial tribunal has determined, or the appropriate Minister has accepted, that P's personal representatives are entitled to bring a claim that benefits are payable in respect of P's death by virtue of P having held that office.

(4) Where P ceased to hold a ... judicial office before the second relevant date and also died before the second relevant date, but—

(a) P had presented a relevant claim which would have satisfied paragraph (2)(a) before death, Condition A is to be treated as satisfied, or

(b) P's personal representatives had made a claim before the end of the period of 3 months beginning with the date on which P ceased to hold the fee-paid judicial office that benefits are payable in respect of P's death by virtue of P having held that office, Condition B is to be treated as satisfied.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this regulation—

“the first relevant date” is—

“the second relevant date” is—

Opted-out members and active members

9. —(1) A member (“P”) is an “opted-out member” of the principal scheme on any day if P—

(a) has, on or before that day, opted out of the principal scheme under regulation 10; and

(b) has not opted back in under regulation 11.

(2) If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.

(2A) If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member.

(2B) If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member.

(3) P is an “active member” of the principal scheme on any day if—

(a) P is not an opted-out member;

(b) P holds an eligible fee-paid judicial office on that day; and

(c) if P had received a fee in P's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day or a service credit day .

Opting out

10. —(1) A member who—

(a) has not retired, or

(b) retired before these Regulations came into force,

may opt out by sending a notice to the appropriate Minister.

(1A) A person with any liability to pay contributions for any period before 7th April 2000 as a consequence of amendments made to these Regulations coming into effect on 1st April 2023, may opt out in relation to all or part of that period by sending a notice to the appropriate Minister on or before 31st October 2023.

(2) The notice—

(a) must be in the form determined by the appropriate Minister, and

(b) must (unless regulation 9(2) applies) specify the date on which the member wishes to opt out.

(3) Subject to regulation 9(2), the member opts out on the date specified under paragraph (2) or, if earlier, 3 months after the date on which the appropriate Minister receives the notice.

Opting back in

11. —(1) A member (“P”) who has opted out and who has not retired may apply to the appropriate Minister, in the form determined by the appropriate Minister, to opt back in.

(2) The application must be accompanied by such evidence relating to P's health as the appropriate Minister may require.

(3) P must submit to any medical examination as the appropriate Minister may require in connection with the application.

(4) If the appropriate Minister is satisfied that P is in good health, the appropriate Minister must allow the application.

(5) The appropriate Minister must, within the period of 3 months beginning with the date on which the application is received, send a notice to P specifying—

(a) whether the appropriate Minister has allowed the application; and

(b) the date on which the decision was made.

(6) If the appropriate Minister has allowed the application, the member opts back in on the date specified under paragraph (5)(b), or (if earlier), the date three months after the date on which the application was received.

PART 2A Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions

Calculation of retirement benefits

11A.—(1) Retirement benefits, death benefits and associated contributions for a member (“ P ”) in relation to an eligible fee-paid judicial office must be calculated under the post-1995 provisions, unless P meets the conditions in regulation 11B in relation to that office.

(2) Where benefits in relation to an eligible fee-paid judicial office have been paid to or in respect of P before the amendment day, and those benefits would have been calculated under the pre-1995 provisions if paragraph (1) had been in force on the date of P’s retirement or death, benefits and contributions in relation to that office must be re-calculated under the pre-1995 provisions.

Conditions for retirement benefits and death benefits to be calculated under Part 2B

11B.—(1) Retirement benefits, death benefits and associated contributions for P in relation to an eligible fee-paid judicial office which is listed in Table 1, 2 or 3 of Schedule 1 (the “relevant office”) are to be calculated under the pre-1995 provisions where P first held the relevant office before 31st March 1995, and also held judicial office on or after 31st March 1995, but P did not have a new appointment on or after 31st March 1995.

(2) P has a “ new appointment ” in relation to a relevant office upon appointment to another judicial office in place of that relevant office or, if after ceasing to hold the relevant office, P is appointed to another judicial office and in either case that other office is—

(a) a salaried office; or

(b) an eligible fee-paid judicial office with a different pre-1995 judicial pension scheme.

(3) For the purposes of paragraph (2)(b), an eligible fee-paid office has a different pre-1995 judicial pension scheme to the pre-1995 judicial pension scheme of another eligible fee-paid judicial office if it is specified in a different table in Schedule 1 and is not specified in Table 4 in that Schedule.

(4) This regulation is subject to any election under regulation 11C made by P in relation to the relevant office.

Elections available to members

11C.—(1) If the conditions in regulation 11B are met, P, or if P has died, P’s personal representative, may nevertheless elect for benefits in relation to the relevant office which would otherwise be calculated under the pre-1995 provisions to be calculated under the post-1995 provisions, by sending a notice to the appropriate Minister.

(2) A notice under this regulation—

(a) must be in the form determined by the appropriate Minister;

(b) must be received by the appropriate Minister within the period of 12 months beginning with the day on which P retires or dies, or ... within the period of 48 months beginning with the amendment day , whichever is the later ;

(c) has effect the day it is received; and

(d) is irrevocable.

Benefits calculated under both the pre-1995 provisions and the post-1995 provisions

11D.—(1) Where either or both of paragraphs (2) or (3) apply to P, P’s benefits must be calculated under the pre-1995 provisions and the post-1995 provisions respectively and aggregated.

(2) P has benefits relating to more than one eligible fee-paid judicial office in relation to which benefits are to be calculated under the pre-1995 provisions and has made an election under regulation 11C for benefits in relation to one or more, but not all, of those offices to be calculated under the post-1995 provisions.

(3) P has benefits relating to more than one eligible fee-paid judicial office and regulation 11B applies in respect of one or more, but not all, of those offices.

PART 2B Pre-1995 Provisions

CHAPTER 1 Retirement Benefits

Retirement at or after normal pension age: entitlement to ordinary pension

11E.—(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under the pre-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires; and

(b) on the day on which P retires, P—

(i) has reached normal pension age for a relevant office, and

(ii) has accrued reckonable service in relation to that office.

(2) On the pension start day, P becomes entitled to the payment for life of a pension.

(3) In this regulation “ the pension start day ” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of ordinary pension

11F.—(1) The annual rate of a pension to which P becomes entitled under regulation 11E is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not at any time before retirement hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office.

• Step 2

  Add together the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) in relation to any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age on removal from judicial office: entitlement to reduced pension

11G.—(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires by virtue of having been removed from all judicial offices held by P;

(b) on the day on which P retires, P has not reached normal pension age for one or more relevant offices; and

(c) the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme in relation to the relevant offices be given immediate effect.

(2) The administrators must notify P of the recommendation under paragraph (1)(c).

(3) If P elects in writing to the administrators within 3 months of receiving the notice referred to in paragraph (2), that P wishes to receive benefits under this regulation—

(a) P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of the relevant offices; and

(b) P also becomes entitled, on that day, to the amount P would have been entitled to in respect of the relevant offices if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

(4) In this regulation “ the pension start day ” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of reduced pension

11H.—(1) The annual rate of a pension to which a member (“ P ”) becomes entitled under regulation 11G is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office.

• Step 2

  Add together each of the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3), in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age: entitlement to preserved pension

11I.—(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires;

(b) if P retires by virtue of having been removed from all judicial offices held by P and the appropriate Minister makes a recommendation under regulation 11G(1)(c), P does not make an election under regulation 11G(3); and

(c) on the day on which P retires, P—

(i) has not reached normal pension age for a relevant office, and

(ii) has at least 2 years’ qualifying judicial service.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant office.

(3) In this regulation “ the pension start day ” means—

(a) the day on which P—

(i) reaches the normal pension age for the relevant office, or

(ii) (if later) would have completed the requirement for qualifying judicial service in relation to the relevant office, if P had continued to hold a judicial office; or

(b) if later, the amendment day.

Annual rate of preserved pension

11J.—(1) The annual rate of preserved pension to which a member (“ P ”) is entitled under regulation 11I is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a) P has reckonable service in one or more eligible fee-paid judicial offices; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(3) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate in relation to each relevant office in accordance with the following formula—

  

  where—

  N is the reckonable service which P accrued, in the relevant office, before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply

  JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

  (i)

  15 years for offices in Tables 1 or 2 in Schedule 1, and

  (ii)

  20 years for offices in Table 3 in Schedule 1

  AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service as if P had continued to hold that office until the date on which P reaches the normal pension age applicable for that office, subject to a maximum of—

  (i)

  15 years for offices in Tables 1 or 2 in Schedule 1, and

  (ii)

  20 years for offices in Table 3 in Schedule 1

  S is the appropriate annual salary of the judicial office held by P immediately before retirement

  Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met

  Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age for the relevant office.

• Step 2

  Add together the annual rates determined under Step 1.

(4) Paragraph (5) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) of this regulation in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(6) Paragraph (7) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no judicial office other than office A.

(7) For the purposes of paragraph (5)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement due to ill-health: entitlement to ill-health ordinary pension

11K.—(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where P retires and the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of any relevant offices.

(3) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires; or

(b) if later, the amendment day.

(4) It is not material whether P has reached the normal pension age or met any requirement for qualifying judicial service in relation to a relevant office.

(5) Where apart from this paragraph, P would be entitled to—

(a) a pension under this regulation; and

(b) a pension under—

(i) regulation 11G (retirement under normal pension age on removal from judicial office), or

(ii) regulation 11I (retirement under normal pension age: entitlement to preserved pension)

P is not entitled to any pension mentioned in sub-paragraph (b).

Annual rate of ill-health ordinary pension

11L. Regulation 11F applies in relation to the annual rate of pension to which a person is entitled under regulation 11K as it applies in relation to the annual rate of pension to which a person is entitled under regulation 11E.

Times at which pension under this Part is payable

11M. A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Lump sum: entitlement and amount

11N.—(1) This regulation applies where a member (“ P ”) retires on or after the amendment day and becomes entitled to the payment of a pension under this Part.

(2) At the time P becomes entitled to the payment of a pension, P becomes entitled to a lump sum of twice the annual rate of pension payable to P under this Part.

Multiple retirements

11O. Regulation 26 applies to a member whose benefits are calculated under this Part, who retires and subsequently resumes judicial office, as it applies to a member whose benefits are calculated under Part 3.

CHAPTER 2 Death Benefits

Interpretation

11P. In this Chapter—

“ surviving adult ”, in relation to a deceasedmember (“ P ”), means P’s surviving spouse or surviving civil partner;

“ surviving spouse ”, in relation to P, means a person who—

“ surviving civil partner ”, in relation to P, means a person who—

“ surviving adult’s pension ” means a pension payable to a surviving adult under this Chapter.

Entitlement to surviving adult’s pension

11Q.—(1) This regulation applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving a surviving adult.

(2) On the pension start day, the surviving adult becomes entitled to the payment for life of a pension.

(3) For the purposes of paragraph (2) the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld.

(5) The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed.

Annual rate of surviving adult’s pension

11R.—(1) The annual rate of a pension to which a person becomes entitled under regulation 11Q is equal to one half of the rate of the pension of the deceasedmember ( “P” ).

(2) For the purposes of this regulation the rate of P’s pension is determined as follows.

(3) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(4) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(5) Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day.

(6) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Annual rate of surviving adult’s pension: special provision for surviving civil partners

11S.—(1) Paragraph (2) applies where—

(a) the surviving civil partner in relation to a member (“ P ”) becomes entitled to a pension under regulation 11Q;

(b) P held a judicial office before, and on, 5th December 2005; and

(c) P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner’s pension under regulation 11R should be calculated as if P first held a judicial office on 5th December 2005.

(2) The rate of P’s pension, for the purposes of regulation 11R, is to be determined on the basis that P first held a judicial office on 5th December 2005.

(3) In this regulation “ the relevant day ” means—

(a) the amendment day; or

(b) if later, the day on which the civil partnership is entered into.

(4) An election under this regulation is irrevocable.

Payment of a surviving adult’s pension

11T. A surviving adult’s pension is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Entitlement to an eligible child’s pension

11U.—(1) This regulation applies if a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving one or more eligible children.

(2) On the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension.

(3) In this regulation, the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) In this regulation, the “ relevant person ” means such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons.

Annual rate of eligible child’s pension

11V.—(1) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies without leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P’s pension;

(b) in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P’s pension.

(2) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P’s pension;

(b) in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P’s pension;

(c) in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P’s pension;

(d) in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P’s pension.

(3) The Treasury may direct, where the deceasedmember leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner.

(4) The Treasury may, at any time, cancel a direction given under paragraph (3).

(5) For the purposes of this regulation the “rate of P’s pension” is determined as follows.

(6) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(7) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(8) Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day.

(9) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Payment and application of an eligible child’s pension

11W.—(1) A pension to which a person is entitled under regulation 11U is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

(2) A person to whom a pension or part of a pension under regulation 11U is paid must apply the pension for the benefit of—

(a) all eligible children of the deceasedmember; or

(b) such eligible children of the deceasedmember as the Treasury may direct.

Lump sum on death: death in service

11X.—(1) Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies without having retired.

(2) Unless a lump sum is payable on P’s death under any provision of—

(a) the Judicial Pensions Act 1981;

(b) the Judicial Pensions and Retirement Act 1993;

(c) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or

(d) a scheme under section 1 of the Public Service Pensions Act 2013,

on the day after that on which P dies, the relevant person becomes entitled to a lump sum.

(3) The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9) (whichever applies).

(4) Paragraph (5) applies where, on P’s death, P has reckonable service in only one eligible fee- paid judicial office which is a relevant office.

(5) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of the office if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

(6) Paragraph (7) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously.

(7) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of any relevant offices if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

(8) Paragraph (9) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before death, P held two or more eligible fee-paid judicial offices simultaneously.

(9) The amount of the lump sum in respect of any relevant offices is determined by taking the following steps—

• Step 1

  Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously with another eligible fee-paid office, as if that office were the only eligible fee-paid relevant office held by P.

• Step 2

  Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid office and, for these purposes, in paragraph (7)(b), S is—

  (i)

  where P held a single eligible fee-paid judicial office immediately before P’s death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P’s death;

  (ii)

  where P held more than one eligible fee-paid judicial office immediately before P’s death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P’s death.

• Step 3

  Add together each of the lump sums determined under Step 1 and the lump sum determined under Step 2.

(10) Paragraph (11) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(11) For the purposes of paragraph (9)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

(12) In this regulation “ the relevant person ” means—

(a) the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or

(b) in default of such nomination, P’s personal representatives, on behalf of P’s estate.

Lump sum on death: death after retirement of member with preserved pension

11Y.—(1) Paragraph (2) applies if—

(a) a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member; and

(c) if P had not died P would, on reaching normal pension age for one or more relevant offices, have become entitled to a pension under regulation 11I.

(2) On the day after that on which P dies, P’s personal representatives become entitled to a lump sum on behalf of P’s estate.

(3) The amount of the lump sum is twice the notional annual rate of pension determined in accordance with regulation 11J as though P had reached normal pension age for each relevant office on the day P died.

Lump sum on death: death soon after retirement of member entitled to pension

11Z.—(1) Paragraph (2) applies if—

(a) a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each a “relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member;

(c) immediately before death, P was entitled to the payment of a pension under this Part in respect of the relevant offices; and

(d) the total benefits received are less than the minimum benefits amount.

(2) On the day after that on which P dies, P’s personal representatives become entitled on behalf of P’s estate to a lump sum equal to the difference between the total benefits received in respect of the relevant offices and the minimum benefits amount.

(3) In this regulation “ the total benefits received ” means the amount determined in accordance with the following formula—

(4) In this regulation—

“ interim amendments payments amount ” has the same meaning as in Part 3 of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023;

“ the minimum benefits amount ” means the amount the relevant person would have been entitled to under regulation 11X if P had died without retiring.

PART 3 RETIREMENT BENEFITS : Post-1995 Provisions

Application and interpretation of Part 3

11Z1.—(1) This Part applies to the calculation of benefits for a member (“ P ”) in respect of one or more eligible fee-paid judicial offices where in accordance with regulation 11A, those benefits are to be calculated under the post-1995 provisions.

(2) In this Part, each of the offices described in paragraph (1) is referred to as a “ relevant office ”.

Retirement aged 65 or over: entitlement to ordinary pension

12. —(1) This regulation applies in respect of one or more relevant offices where—

(a) P retires (whether before, on or after the commencement day); and

(b) on the day on which P retires, P—

(i) has reached the age of 65;

(ii) has at least 5 years' qualifying judicial service, and

(iii) has accrued reckonable service in relation to the relevant office.

(2) On a pension start day, P becomes entitled to the payment for life of a pension.

(3) In this regulation “ pension start day ” means—

(a) in respect of pension payable in respect of qualifying fee-paid service on or after 7 April 2000—

(i) the day after that on which P retires, or

(ii) if later, the commencement day;

(b) in respect of pension payable in respect of qualifying fee-paid service before 7 April 2000—

(i) the day after that on which P retires, or

(ii) if later, the amendment day.

Annual rate of ordinary pension

13. —(1) The annual rate of a pension to which P becomes entitled under regulation 12 is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office .

(3) The annual rate is determined in accordance with the following formula—

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined in accordance with the following formula—

(6) Paragraph (7) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office ...; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

• Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office , as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5); and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

Step 2

• Determine the annual rate under paragraph (5) for any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office , and for these purposes, in paragraph (5), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

• Add together each of the rates found under Step 1 and the rate found under Step 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously, and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a), and accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly is taken into consideration in Step 2 in paragraph (7), and

(b) P's reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement between the ages of 60 and 65: entitlement to reduced pension

14. —(1) This regulation applies where—

(a) P retires (whether before, on or after the commencement day); and

(b) on the day on which P retires, P—

(i) has reached the age of 60 but not the age of 65, and

(ii) has at least 5 years' qualifying judicial service.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of any relevant offices .

(3) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires; or

(b) if later, the commencement day.

Retirement under age of 60 on removal from judicial office: entitlement to reduced pension

15. —(1) This regulation applies where—

(a) P retires (whether before, on or after the commencement day) by virtue of having been removed from all judicial offices held by P;

(b) on the day on which P retires, P has not reached the age of 60; and

(c) the appropriate Minister recommends to the administrators that P's accrued rights under the principal scheme be given immediate effect.

(2) The administrators must notify P of the recommendation under paragraph (1)(c).

(3) If P elects in writing to the administrators within 3 months of receiving the notice that P wishes to receive benefits under this regulation—

(a) P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of any relevant offices ; and

(b) P also becomes entitled, on that day, to the amount P would have been entitled to if P had been entitled under this regulation to the payment of a pension in respect of any relevant offices in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

(4) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires; or

(b) if later, the commencement day.

Annual rate of reduced pension

16. —(1) The annual rate of a pension to which P becomes entitled under regulation 14 or 15 is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office .

(3) The annual rate is determined in accordance with the following formula—

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined in accordance with the following formula—

(6) Paragraph (7) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office ...; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps:

Step 1

• Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office , as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

Step 2

• Determine the annual rate under paragraph (5), in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (5) S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

• Add together each of the rates found under Step 1 and the rate found under Step 2.

(8) In this regulation—

(a) “ the retirement day ” means the day on which P retires;

(b) “ the Table ” means the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 , as it has effect on the retirement day.

(9) Paragraph (10) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously, and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(10) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (9)(a), and accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (9)(b) and, accordingly is taken into consideration in Step 2 in paragraph (7), and

(b) P's reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under the normal pension age: entitlement to preserved pension

17. —(1) This regulation applies where—

(a) P retires (whether before, on or after the commencement day);

(b) if P retires by virtue of having been removed from all judicial offices held by P—

(i) the appropriate Minister makes a recommendation under regulation 15(1)(c), and

(ii) P does not make an election under regulation 15(3); and

(c) on the day on which P retires, P—

(i) has not reached normal pension age for one or more relevant offices ,

(ii) has at least 2 years' qualifying judicial service; and

(iii) is not entitled to a pension under regulation 14.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant offices .

(3) In this regulation “ the pension start day ” means—

(a) the day on which P—

(i) reaches the age of 65, or

(ii) (if later) would have completed five years' qualifying judicial service, if P had continued to hold a judicial office; or

(b) if later, the commencement day.

Annual rate of preserved pension

18. —(1) The annual rate of a pension to which P is entitled under regulation 17 is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a) P has reckonable service in one or more eligible fee-paid judicial offices, and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(3) The annual rate for any relevant office is determined in accordance with the following formula—

where—

a

R is the maximum amount of reckonable service which P would be able to accrue in the relevant offices if P continued to hold those offices until the date on which P reaches normal pension age, assuming that P would have accrued reckonable service each year until that date equal to—

where—

i

N is the reckonable service which P accrued in the relevant offices before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply;

ii

Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement;

c

Z has the meaning given in sub-paragraph (a)(ii);

d

Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age.

(4) Paragraph (5) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office ..., and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant office is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) of this regulation in relation to those relevant offices which P did not hold simultaneously with another fee-paid judicial office, and for these purposes, in paragraph (3)(b), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together the rate determined under Step 1 and each of the rates determined under Step 2.

(6) Paragraph (7) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously, and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(7) For the purposes of paragraph (5)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); and

(b) P's reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pension

19. —(1) This regulation applies where—

(a) P has accrued reckonable service in relation to one or more relevant offices and retires (whether before, on or after the commencement day);

(b) on the day on which P retires, P—

(i) has reached the age of 65; and

(ii) has less than 5 years' qualifying judicial service; and

(c) the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant offices .

(3) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires, or

(b) if later, the commencement day.

Annual rate of ill-health ordinary pension

20. Regulation 13 applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 19 as it applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 12.

Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension

21. —(1) This regulation applies where—

(a) P has accrued reckonable service in relation to one or more relevant offices and retires (whether before, on or after the commencement day);

(b) on the day on which P retires, P has not reached the age of 65; and

(c) the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant offices .

(3) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires, or

(b) if later, the commencement day.

(4) Where, apart from this paragraph, P would be entitled to—

(a) a pension under this regulation, and

(b) a pension under—

(i) regulation 14 (retirement between the ages of 60 and 65: entitlement to reduced pension),

(ii) regulation 15 (retirement under the age of 60 due to removal from judicial office: entitlement to reduced pension), or

(iii) regulation 17 (retirement under the normal pension age: entitlement to preserved pension),

P is not entitled to any pension mentioned in sub-paragraph (b).

Annual rate of ill-health enhanced pension

22. —(1) The annual rate of a pension to which P becomes entitled under regulation 21 is determined in accordance with the following steps.

Step 1

Determine the annual rate of the pension to which P is entitled under regulation 13.

Step 2

Determine the annual rate of the enhancement (see paragraph (2)).

Step 3

Add together the rate determined under Step 1, and the rate determined under Step 2.

(2) Subject to paragraph (3), the annual rate of the enhancement is determined in accordance with the following formula—

(3) Where the judicial office (or one of the judicial offices) held by P immediately before retirement was an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 , the annual rate of the enhancement determined under Step 2 is to be nil.

(4) The service enhancement is determined in accordance with the following formula—

Ill-health certification condition

23. —(1) The ill-health certification condition is met in relation to P if the appropriate Minister—

(a) has received a medical certificate—

(i) stating that P has suffered a permanent breakdown in health that makes P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement; or

(ii) (where P retired due to ill-health before the commencement day or, as applicable, before the amendment day ), stating that at the date on which P had retired, P had suffered a permanent breakdown in health that made P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement;

(b) is satisfied as to the matters contained in that certificate; and

(c) has, where the appropriate Minister is the Lord Chancellor, consulted—

(i) the Lord Chief Justice of England and Wales (if P held a judicial office in England and Wales);

(ii) the Lord Chief Justice of Northern Ireland (if P held a judicial office in Northern Ireland).

(2) For the purposes of this regulation P's breakdown in health is “permanent” if it is likely to continue until—

(a) the day on which P reaches the age of 65; or

(b) if later, the day on which, if P had not retired, P would have completed 5 years' qualifying judicial service.

(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his or her functions under this regulation.

(4) The Lord Chief Justice of Northern Ireland may nominate—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 , or

(b) a Lord Justice of Appeal (as defined in section 88 of that Act ),

to exercise any of his or her functions under this regulation.

Times at which pension under this Part is payable

24. A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Lump sum: entitlement and amount

25. —(1) This regulation applies where P retires on or after the commencement day, and becomes entitled to the payment of a pension under this Part.

(2) At the time P becomes entitled to the payment of the pension, P becomes entitled to a lump sum.

(3) The amount of the lump sum is to be determined in accordance with the following formula—

Multiple retirements

26. —(1) This regulation applies where P retires and subsequently resumes judicial office.

(2) The resumption of judicial office does not affect the entitlement of P to any payment under the principal scheme in respect of any period before the resumption.

(3) No amounts are payable to or in respect of P under the principal scheme as a result of the retirement mentioned in paragraph (1) in respect of any period after the resumption.

(4) On P's retirement after resuming judicial office—

(a) P's entitlement (and that of any other person) to any payment under the principal scheme; and

(b) the rate or amount of any such payment,

are (subject to paragraph (5)) to be determined as if no amounts had previously been paid under the principal scheme as a result of the retirement mentioned in paragraph (1).

(5) A person to whom a lump sum is paid under the principal scheme as a result of the retirement mentioned in paragraph (1) is not required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded is to be deducted from any lump sum which subsequently becomes payable to or in respect of that person under the principal scheme.

PART 4 PARTIAL RETIREMENT

Option to take partial retirement in relation to a fee-paid judicial office

27. —(1) Paragraph (2) applies where a member (“P”) at any time ... ceases to hold an eligible fee-paid judicial office (“the relevant office”) and—

(a) P has reckonable service in relation to the relevant office;

(b) either—

(i) at the time P ceases to hold the relevant office, P holds one or more other eligible fee-paid judicial offices, or

(ii) after P ceases to hold the relevant office, P is appointed to another judicial office; and

(c) at the time P ceases to hold the relevant office, P has at least 2 years' qualifying judicial service.

(2) P may take partial retirement in relation to the relevant office by giving notice in writing to the appropriate Minister.

(3) The notice—

(a) must be in the form determined by the appropriate Minister, and

(b) must be received by the appropriate Minister within the period of 6 months beginning with the day on which P ceases to hold the relevant office.

(4) A notice under this regulation has effect on the day on which it is received by the appropriate Minister, and is irrevocable.

(5) For the purposes of this regulation, P is not treated as ceasing to hold a judicial office if—

(a) P's appointment to a judicial office in one chamber of the First-tier Tribunal changes to a judicial office in another chamber of that Tribunal, or

(b) P's appointment to a judicial office in one chamber of the Upper Tribunal changes to a judicial office in another chamber of that Tribunal.

Effect of partial retirement

28. —(1) Where a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), P is treated for the purposes of the relevant provisions as if P had retired on the day on which P ceased to hold the relevant office.

(2) In this regulation “ the relevant provisions ” means—

(a) Part 3 (retirement benefits) apart from regulation 26 (multiple retirements), ...

(b) Part 6 (death benefits).

(c) Part 2A, and

(d) Part 2B (apart from regulation 11O).

(3) In the application of the relevant provisions in relation to P's deemed retirement under paragraph (1), P is treated as having reckonable service only in the relevant office.

(4) The application of the relevant provisions in relation to P's deemed retirement under paragraph (1) (and P's pension under Part 3 in respect of that deemed retirement) does not prevent their application in relation to P's actual retirement (and P's pension under Part 3 in respect of that retirement).

(5) In the application of the relevant provisions in relation to P's actual retirement, P is treated as having no reckonable service in the relevant office.

PART 5 BENEFITS FOR PERSONS ENTITLED TO PENSION CREDITS

Application of Part and interpretation

29. —(1) This Part applies where—

(a) a person (“ the transferee ”) becomes entitled to a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (“ the 1999 Act ”) or under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“ the 1999 Order ”); and

(b) that pension credit is derived from the rights of another person (“P”) under the principal scheme.

(2) In this Part “the transferee”, “ the 1999 Act ”, “ the 1999 Order ” and “ P ” have the meanings given by paragraph (1).

Pension credit derived from the principal scheme: entitlement to pension

30. —(1) On the pension start day the transferee becomes entitled to the payment for life of a pension.

(2) In paragraph (1) “ the pension start day ” means—

(a) the day on which the transferee reaches the age of 65, or

(b) if later, the day after the last day of the implementation period as determined in accordance with section 34 of the 1999 Act or Article 31 of the 1999 Order .

Annual rate of pension under regulation 30

31. —(1) The annual rate of the pension to which the transferee is entitled under regulation 30 is the rate in relation to which the following condition is met.

(2) The condition is that the sum of—

(a) the value of the pension, and

(b) the value of any lump sum to which the transferee is entitled under this Part,

equals the sum of the amount of the pension credit and the amount of any remediable pension credit or remediable pension reduction under Part 5 of the 2023 Regulations .

(2A) In paragraph (2)—

(a) “remediable pension credit”, in the circumstances mentioned in—

(i) regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(5) of those Regulations;

(ii) regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(3) of those Regulations;

(iii) regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations;

(b) “ remediable pension reduction ” has the meaning given in regulation 56(12) of the 2023 Regulations.

(3) For this purpose, the value of the pension and of any lump sum must be calculated—

(a) in accordance with regulations made by the Secretary of State under paragraph 5(b) of Schedule 5 to the 1999 Act, or

(b) (in any case where the 1999 Order applies) in accordance with regulations made by the Department for Communities under paragraph 5(b) of Schedule 5 to the 1999 Order,

and any regulations made by the Secretary of State or by the Department for Communities for the purposes of those provisions apply accordingly.

(4) The annual rate of the pension must be calculated in in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on behalf of the Government Actuary for that purpose.

Lump sum for transferee at age 65

32. —(1) This regulation applies if the transferee becomes entitled to the pension credit before P becomes entitled to a lump sum under Part 3.

(2) At the time the transferee becomes entitled to a pension under regulation 30, the transferee becomes entitled to a lump sum.

(3) The amount of the lump sum is to be determined in accordance with the following formula—

Lump sum where transferee dies before age 65

33. —(1) This regulation applies if the transferee dies before reaching the normal pension age.

(2) On the day after that on which the transferee dies the relevant person becomes entitled to a lump sum.

(3) The amount of the lump sum is to be determined in accordance with the following formula—

(4) In paragraph (2) “ the relevant person ” means—

(a) the person (if any) nominated by the transferee for the purpose of this regulation by notice in writing to the administrators; or

(b) in default of such nomination, the transferee's personal representatives on behalf of the transferee's estate.

Exclusions

34. The appropriate Minister has no power to accept for the benefit of a member of the principal scheme—

(a) a payment under paragraph 1(3) of Schedule 5 to the 1999 Act or paragraph 1(3) of Schedule 5 to the 1999 Order,

(b) a payment under section 95 of the Pension Schemes Act 1993 or section 91 of the Pensions Schemes (Northern Ireland) Act 1993 , or

(c) any other payment,

to the extent that that payment directly or indirectly represents a pension credit.

PART 6 DEATH BENEFITS : Post-1995 Provisions

Interpretation and application of Part

35.—(1) In this Part —

(a) “ surviving adult ”, in relation to a deceasedmember (“P”), means P's surviving spouse or surviving civil partner;

(b) “ surviving spouse ”, in relation to P, means a person who—

(i) was married to P on the date of P's death, and

(ii) if P retired before death, entered into the marriage before P retired;

(c) “ surviving civil partner ”, in relation to P, means a person who—

(i) was in a civil partnership with P on the date of P's death, and

(ii) if P retired before death, entered into the civil partnership before P retired;

(d) “ surviving adult's pension ” means a pension payable to a surviving adult under this Part.

(2) This Part applies in respect of P where P is a person to whom Part 3 would have applied if P had retired on the day P died.

Entitlement to a surviving adult's pension

36. —(1) This regulation applies where a member (“P”) dies (whether before, on or after the commencement day) leaving a surviving adult.

(2) On the pension start day, the surviving adult becomes entitled to the payment for life of a pension.

(3) For the purposes of paragraph (2) the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the commencement day.

(4) Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld.

(5) The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed.

Annual rate of surviving adult's pension

37. —(1) The annual rate of a pension to which a person becomes entitled under regulation 36 is equal to one half of the rate of the pension of the deceasedmember ( “ P ” ).

(2) For the purposes of this regulation the rate of P's pension is determined as follows.

(3) Where P dies on or after the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

(4) Where P dies on or after the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired, and

(b) the ill-health certification condition were met in relation to P.

(5) Where P dies before the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

(6) Where P dies before the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if—

(a) on the day on which P died, P had not died but had instead retired,

(b) the ill-health certification condition were met in relation to P, and

(c) P were still alive on the commencement day.

Annual rate of surviving adult's pension: special provision for surviving civil partners

38. —(1) Paragraph (2) applies where—

(a) the surviving civil partner in relation to a member (“P”) becomes entitled to a pension under regulation 36;

(b) P held a judicial office before, and on, 5th December 2005; and

(c) P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner's pension under regulation 37 should be calculated as if P first held a judicial office on 5th December 2005.

(2) The rate of P's pension, for the purposes of regulation 37, is to be determined on the basis that P first held a judicial office on 5th December 2005.

(3) In this regulation “ the relevant day ” means—

(a) the commencement day, or

(b) if later, the day on which the civil partnership is entered into.

(4) An election under this regulation is irrevocable.

Payment of a surviving adult's pension

39. A surviving adult's pension is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Meaning of “eligible child”

40. —(1) In these Regulations, “ eligible child ”, in relation to a deceasedmember, means a person who meets the age condition or the occupation condition (see regulation 41) and who is—

(a) a natural child of the deceasedmember,

(b) a person who was adopted by the deceasedmember before the deceasedmember retired or, where paragraph (2) applies, after the deceasedmember retired,

(c) a person who is a child of the deceasedmember by virtue of a parental order made before the deceasedmember retired or, where paragraph (2) applies, after the deceasedmember retired, or

(d) a step-child of the deceasedmember.

(2) This paragraph applies where the Treasury have issued a direction to the effect that they are satisfied that—

(a) the deceasedmember had, before the deceasedmember retired, formed the intention of adopting, or applying for a parental order in respect of, the person; and

(b) immediately before the deceasedmember retired, the person was wholly or mainly dependent on the deceasedmember.

(3) In a case where the deceasedmember died while holding an eligible fee-paid judicial office, the references in paragraphs (1) and (2) to things done before the deceasedmember's retirement are to be read as references to things done before the deceasedmember's death.

(4) For the purposes of this regulation a person (“C”) is a “natural child” of person (“P”) if P is C's genetic father or mother (including anyone who is to be treated as C's father, mother or parent under Part 2 of the Human Fertilisation and Embryology Act 2008 (“ the 2008 Act ”), but not including anyone who is not to be so treated under that Part of that Act).

(5) For the purposes of this regulation a person (“C”) is a “step-child” of a person (“P”) if C—

(a) is not a natural child of P, adopted by P or a child of P by virtue of a parental order, and

(b) meets any of the following conditions.

(6) The first condition is that C—

(a) is a natural child of a person who was at any time the spouse or civil partner of P, and

(b) at the time the marriage or civil partnership was entered into, had been born or conceived.

(7) The second condition is that C—

(a) was adopted by a person who was at any time the spouse or civil partner of P; and

(b) was so adopted—

(i) before the time the marriage or civil partnership was entered into, or

(ii) after the time the marriage or civil partnership was entered into in a case where the adoption proceedings were pending at the time of the marriage or civil partnership.

(8) The third condition is that—

(a) C is, by virtue of a parental order, a child of a person who was at any time the spouse or civil partner of P; and

(b) the parental order was made—

(i) before the time the marriage or civil partnership was entered into, or

(ii) after the time the marriage or civil partnership was entered into in a case where the parental order proceedings were pending at the time of the marriage or civil partnership.

(9) In this regulation, “parental order” means an order made under section 54 or 54A of the 2008 Act.

Meaning of “eligible child”: the age condition and the occupation condition

41. —(1) The age condition is that the person has not reached the age of 16.

(2) The occupation condition is that the person (“C”) has, at all times since reaching the age of 16, been—

(a) in full-time education, or

(b) undergoing eligible training for a trade, profession or vocation.

(3) For the purposes of this regulation training is “eligible” if—

(a) it is full-time;

(b) its duration is at least 2 years; and

(c) the rate of pay (if any) receivable by C, or payable by the employer in respect of C, in relation to the training does not exceed the specified maximum.

(4) In this regulation—

“ pay ” means any salary, fees, wages, perquisites, profits or gains and includes the value of any free board, lodging or clothing;

“the specified maximum” at any time means an annual rate equal to that at which a pension of £250 a year—

would (as so increased) be payable at that time.

(5) Where a premium has been paid in respect of C's training, all emoluments receivable by C, or payable by the employer in respect of C, are to be taken, for the purposes of paragraph (3)(c), as receivable or payable by way of return of the premium, unless and to the extent that the amount of those emoluments exceeds the amount of the premium.

(6) Where the Treasury are satisfied that C's full-time education ought not be regarded as completed, the Treasury may direct that any period during which a person is not in full-time education and is not undergoing eligible training for a trade, profession or vocation, is to be disregarded for the purposes of this regulation.

Entitlement to an eligible child's pension

42. —(1) This regulation applies if a member (“P”) dies (whether before, on or after the commencement day) leaving one or more eligible children.

(2) On the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension.

(3) In this regulation, the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the commencement day.

(4) In this regulation, “ the relevant person ” means such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons.

Annual rate of eligible child's pension

43. —(1) The annual rate of a pension to which a person becomes entitled under regulation 42, where P dies without leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P's pension;

(b) in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P's pension.

(2) The annual rate of a pension to which a person becomes entitled under regulation 42, where P dies leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P's pension;

(b) in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P's pension;

(c) in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P's pension;

(d) in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P's pension.

(3) The Treasury may direct, where the deceasedmember leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner.

(4) The Treasury may, at any time, cancel a direction given under paragraph (3).

(5) For the purposes of this regulation the “rate of P's pension” is determined as follows.

(6) Where P dies on or after the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

(7) Where P dies on or after the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired, and

(b) the ill-health certification condition were met in relation to P.

(8) Where P dies before the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

(9) Where P dies before the commencement day without having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if—

(a) on the day on which P died, P had not died but had instead retired,

(b) the ill-health certification condition were met in relation to P, and

(c) P had survived until the commencement day.

Payment and application of an eligible child's pension

44. —(1) A pension to which a person is entitled under regulation 42 is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

(2) A person to whom a pension or part of a pension under regulation 42 is paid must apply the pension for the benefit of—

(a) all eligible children of the deceasedmember; or

(b) such eligible children of the deceasedmember as the Treasury may direct.

Lump sum on death: death in service

45.—(1) Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under the post-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies (on or after the commencement day) without having retired.

(2) Unless a lump sum is payable on P’s death under—

(a) the Judicial Pensions Act 1981;

(b) section 4(3) of the Judicial Pensions and Retirement Act 1993;

(c) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or

(d) a scheme under section 1 of the Public Service Pensions Act 2013,

on the day after that on which P dies, the relevant person is entitled to a lump sum.

(3) The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9), whichever applies).

(4) Paragraph (5) applies where, on P's death, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office .

(5) The amount of the lump sum is to be determined in accordance with the following formula—

(6) Paragraph (7) applies where—

(a) on P's death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously.

(7) The amount of the lump sum is to be determined in accordance with the following formula—

(8) Paragraph (9) applies where—

(a) immediately before death P held more than one eligible fee-paid judicial office (“the relevant offices”), and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(9) The amount of the lump sum is determined by taking the following steps.

Step 1

• Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously, as if that office were the only eligible fee-paid relevant office held by P.

Step 2

• Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously, and for these purposes, in paragraph (7)(a), S is—

  (i)

  where P held a single eligible fee-paid judicial office immediately before P's death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P's death;

  (ii)

  where P held more than one eligible fee-paid judicial office immediately before P's death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P's death.

Step 3

• Add together each of the lump sums found under Step 1 and the lump sum found under Step 2.

(10) Paragraph (11) applies where—

(a) during one or more parts of the period for which P held an eligible fee-paid judicial office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously, and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(11) For the purposes of paragraph (9)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9), and

(b) P's reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

(12) In this regulation “ the relevant person ” means—

(a) the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or

(b) in default of such nomination, P's personal representatives, on behalf of P's estate.

Lump sum on death: death after retirement of member with preserved pension

46. —(1) Paragraph (2) applies if—

(a) a member (“P”) dies (on or after the commencement day) having retired (whether before, on or after the commencement day);

(b) where P retires on or after the commencement day, P is not, on retirement, an opted-out member; and

(c) if P had not died P would, on reaching normal pension age have become entitled to a pension under regulation 17.

(2) On the day after that on which P dies, P's personal representatives become entitled to a lump sum on behalf of P's estate.

(3) The amount of the lump sum is to be determined in accordance with the following formula—

Lump sum on death: death soon after retirement of member entitled to pension

47. —(1) Paragraph (2) applies if—

(a) a member (“P”) dies (on or after the commencement day) having retired (whether before, on or after the commencement day);

(b) where P retires on or after the commencement day, P is not, on retirement, an opted-out member;

(c) immediately before death, P was entitled to the payment of a pension under Part 3 (retirement benefits); and

(d) the total benefits received are less than the minimum benefits amount.

(2) On the day after that on which P dies, P's personal representatives become entitled on behalf of P's estate to a lump sum equal to the difference between the total benefits received and the minimum benefits amount.

(3) In this regulation “ the total benefits received ” means the amount determined in accordance with the following formula—

(4) In this regulation “ the minimum benefits amount ” means the amount determined in accordance with the following formula—

(5) In this regulation, “ the Amendment Regulations ” means the Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2023.

PART 7 BENEFITS IN RESPECT OF PERIODS BEFORE COMMENCEMENT

Application of Part

48. —(1) This Part applies where—

(a) a member (“P”) retired, or died without having retired, before the commencement day, and

(b) condition A or B is met.

(2) Condition A is that amounts were paid to any person during the pre-commencement period in respect of P's retirement or death under arrangements made for the purpose of providing benefits during the pre-commencement period corresponding to those under Part 3 or 6.

(3) Condition B is that, if these Regulations had come into force on the day before the day on which P retired or died, amounts would have been payable during the pre-commencement period—

(a) to P under Part 3, or

(b) to another person under Part 6,

in respect of P's retirement or death.

(4) In this Part—

(a) “ the pre-commencement period ” means the period—

(i) beginning with the day on which P retired or on which P died without having retired, and

(ii) ending with the day before the commencement day.

(b) references to “P” are to a member mentioned in paragraph (1)(a).

Meaning of “the interim payments amount” and “the pre-commencement benefits amount”

49. —(1) In these Regulations “ the interim payments amount ”, in relation to any person, means the total amount (if any) that was paid to that person under arrangements made for the purpose of providing benefits during the pre-commencement period in respect of P's retirement or death corresponding to those under Part 3 or 6.

(2) In this Part “ the pre-commencement benefits amount ”, in relation to any person, means, subject to paragraph (3), the total amount (if any) that would have been payable to that person under Part 3 or 6 during the pre-commencement period in respect of P's retirement or death if these Regulations had come into force on the day before the day on which P retired or died without having retired.

(3) Where—

(a) the amount payable to a person in respect of P under paragraph (2) includes a lump sum payable under regulation 45 or 46, and

(b) P would have been liable to pay the pre-commencement contributions amount referred to in regulation 53(1) if P had survived until the commencement day,

the pre-commencement benefits amount payable to that person is to be calculated after deducting the pre-commencement contributions amount (within the meaning of regulation 53(1)) which would have been payable by P if these Regulations had come into force on the day before the day on which P died.

(4) Paragraph (5) applies for the purposes of calculating the pre-commencement benefits amount where P is a transition member (within the meaning of paragraph 1 of Schedule 2 to the Judicial Pensions Regulations 2015) who has continuity of service (within the meaning of paragraph 2 of Schedule 2 to those Regulations).

(5) The pre-commencement benefits amount is to be calculated as though the amendments made to the Judicial Pensions Regulations 2015 by the Judicial Pensions (Amendment) Regulations 2017 (“ the 2017 Regulations ”) (save for regulations 4, 6, 15 and 16 of the 2017 Regulations) had come into force on the day before the day on which the member retired or died without having retired.

Additional payment where no or insufficient interim payments made

50. —(1) Paragraph (2) applies where the interim payments amount in relation to a person is less than the pre-commencement benefits amount in relation to that person.

(2) The administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1).

Deduction of any excess interim payments

51. —(1) Paragraph (2) applies where the interim payments amount in relation to a person is greater than the pre-commencement benefits amount in relation to that person.

(2) Where the person is entitled to the payment of a pension under Part 3 or 6, the amounts mentioned in paragraph (1) may be deducted from payments of the pension in such instalments as the administrators may decide.

PART 7A Refund of Excess Contributions

Application of Part

51A. This Part applies where on 1st April 2023, a member (“ P ”)—

(a) has or had a liability to pay contributions under Part 8 or 9; and

(b) has made an excess contributions payment.

Definitions

51B.—(1) In this Part—

(a) “ contributions ” means any contribution paid under Part 8 or 9 of these Regulations, regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995, the Judicial Pensions (Contributions) Regulations 1995, or the Judicial Pensions (Contributions) Regulations 2012;

(b) “ excess contributions payment ” means the amount of contributions paid by P during an excess contributions period;

(c) “ excess contributions period ” means any period during which P paid contributions after the aggregate length of P’s reckonable service and JUPRA service exceeded 20 years;

(d) “ interim contributions refund ” means the total amount (if any) that was paid to any person under arrangements made for the purpose of refunding excess contributions payments before the amendment day.

(2) For the purposes of the definition of “excess contributions period”—

(a) reckonable service means the aggregate length of P’s reckonable service in eligible fee-paid judicial offices, including any eligible fee-paid offices in respect of which P has taken partial retirement, determined in accordance with regulation 5 but as if regulation 5(2) did not apply;

(b) reckonable service includes added years of pension credit purchased under regulation 4.2(2) of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995;

(c) any contributions made by P under regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 are deemed to have been the most recent contributions made by P, regardless of when they were actually made (except for the purpose of calculating interest under regulation 51C(1)); and

(d) reckonable service in any office which P held before 31st March 1995 which is specified in Tables 1 or 2 of Schedule 1 is multiplied by 20 and divided by 15.

Additional payment of refund

51C.—(1) Paragraph (2) applies where the interim contributions refund in relation to P is less than the excess contributions payment plus compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme.

(2) The administrators must apply the difference between the two amounts mentioned in paragraph (1) as follows—

(a) to discharge any liability P has under regulation 53(1) (liability to pay pre-commencement contributions);

(b) to discharge any liability P has under regulation 53A(1) (liability to pay initial pre-commencement contributions); and

(c) to pay any sum remaining thereafter to P.

Recovery of excess refund

51D.—(1) Paragraph (2) applies where the interim contributions refund in relation to P is greater than the excess contributions payment.

(2) The administrators may recover the difference between the two amounts mentioned in paragraph (1) from P, including by way of deduction from any retirement benefits to which P is entitled under these Regulations, including in such instalments from payments of retirement pension as the administrators may determine.

PART 8 CONTRIBUTIONS IN RESPECT OF PRE-COMMENCEMENT SERVICE

Interpretation

52. In this Part—

“ fee period ” means a period specified in column 1 of Table 1 of the Contributions Tables ;

“ the initial pre-commencement dependants’ contributions amount ” means the amount payable in accordance with this Part for the period before 7th April 2000;

“ the pre-commencement contributions amount ” has the meaning given by regulation 53(1);

“ P ” means a member who is not an opted-out member;

“ the Contributions Tables ” means Tables 1 to 10 in Schedule 3.

Liability to pay pre-commencement contributions amount

53. —(1) P must pay to the appropriate Minister an amount (“the pre-commencement contributions amount”), being the sum of—

(a) the pre-commencement personal contributions amount (see regulation 54), and

(b) the pre-commencement dependants' contributions amount (see regulation 55).

(2) Paragraph (1) is subject to paragraphs (3) and (4).

(3) P is not required to pay the pre-commencement contributions amount if P—

(a) retired before the commencement day, and

(b) had on retirement less than two years qualifying judicial service.

(4) P is not required to pay so much of the pre-commencement contributions amount as is represented by the amount mentioned in paragraph (1)(b) if P—

(a) retired before the commencement day,

(b) was not married or in a civil partnership at any time during the period—

(i) beginning with the day on which P first held an eligible fee-paid judicial office, and

(ii) ending with the day on which P retired; and

(c) did not have a qualifying child at any time during that period.

Liability to pay initial pre-commencement contributions amount

53A.—(1) P must pay to the appropriate Minister the initial pre-commencement contributions amount being the sum of—

(a) the initial pre-commencement personal contributions amount in respect of service credit days (see regulation 54A); and

(b) the initial pre-commencement dependants’ contributions amount (see regulation 55A).

(2) Paragraph (1) is subject to paragraphs (3) and (4).

(3) P is not required to pay the initial pre-commencement contributions amount if P had on retirement less than two years qualifying judicial service.

(4) P is not required to pay the initial pre-commencement dependants’ contributions amount if P—

(a) retired before 31st March 2023,

(b) was not married or in a civil partnership at any time during the period—

(i) beginning with the day on which P first held an eligible fee-paid judicial office and

(ii) ending with the day on which P retired; and

(c) did not have a qualifying child at any time during that period.

Calculation of pre-commencement personal contributions amount

54. The pre-commencement personal contributions amount in relation to P is determined as follows—

Step 1

• For each fee period, find the total of the fees paid to P in respect of qualifying fee-paid days falling within the period.

Step 2

• Multiply the total found under Step 1 for each fee period by the percentage specified in relation to that fee period in column 2 of Table 1 of the Contributions Tables or in column 2 of a table referred to in that column, as the case may be .

Step 3

• Add together the amounts found under Step 2.

Calculation of initial pre-commencement personal contributions amount: service credit days

54A. The initial pre-commencement personal contributions amount in respect of service credit days is determined as follows—

• Step 1

  For the fee period from 1st April 2012 to 31st March 2013, determine the total of fees paid to P in respect of service credit days.

• Step 2

  Multiply the total determined under Step 1 by the percentage specified in relation to that sum in column 2 of Table 9 of the Contributions Tables.

• Step 3

  For the fee period from 1st April 2013 to 31st March 2014, determine the total of fees paid to P in respect of service credit days.

• Step 4

  Multiply the total determined under Step 3 by the percentage specified in relation to that sum in column 2 of Table 10 of the Contributions Tables.

• Step 5

  Add together the amounts determined under Steps 2 and 4.

Calculation of pre-commencement dependants’ contributions amounts

55.—(1) The pre-commencement dependants’ contribution amount for each eligible fee-paid judicial office held by P is determined under paragraph (2) , (2A) or (3) as applicable.

(2) For an office specified in Table 1 or 2 of Schedule 1 where the office was first held before 31st March 1995 —

• Step 1

  For each fee period from 7th April 2000 to 31st March 2017, determine the total of fees paid to P in respect of qualifying fee-paid days.

• Step 2

  Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 3 of Table 1 of the Contributions Tables or column 3 of a table referred to in that table.

(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that references to column 3 should be read as column 4.

(3) For offices specified in Table 3 or 4 of Schedule 1—

• Step 1

  For each fee period from 7th April 2000 to 31st March 2017 determine the total of fees paid to P in respect of qualifying fee-paid days.

• Step 2

  Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 4 of Table 1 of the Contributions Tables or column 4 of a table referred to in that table.

• Step 3

  Determine the total of fees paid to P in respect of any service credit days.

• Step 4

  Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8.

• Step 5

  Add together the amounts determined under Steps 2 and 4.

Calculation of initial pre-commencement dependants’ contributions amount

55A.—(1) The initial pre-commencement dependants’ contributions amount in relation to each eligible office held by P is determined under paragraph (2) , (2A) or (3) as applicable.

(2) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held before 31st March 1995 —

• Step 1

  Determine the total of fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000.

• Step 2

  Multiply the total determined under Step 1 by the percentage specified in column 3 of the first row of Table 1 of the Contributions Tables.

(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that the reference to column 3 should be read as column 4.

(3) For offices specified in Table 3 or Table 4 of Schedule 1—

• Step 1

  Determine the total of any fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000.

• Step 2

  Multiply the total determined under Step 1 by the percentage specified in column 4 of the first row of Table 1 of the Contributions Tables.

• Step 3

  Determine the total of any fees paid to P in respect of any service credit days.

• Step 4

  Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8.

• Step 5

  Add together the amounts determined under Steps 2 and 4.

Qualifying fee-paid days disregarded if they do not add to reckonable service

56. —(1) A qualifying fee-paid day worked in an eligible fee-paid judicial office is disregarded for the purposes of regulations 54, 54A, 55 and 55A if P's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had P retired on the day before that day.

(2) The reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service).

The Contributions Table

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of pre-commencement contributions amount

58. —(1) The pre-commencement contributions amount, or any part of it, may be paid—

(a) by way of a lump sum at any time during the period of 6 months beginning with the commencement day;

(b) by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister,

and for the purposes of paragraph (b), a “fee-paid” day means a day in respect of which P receives a fee in P's capacity as a holder of an eligible fee-paid judicial office.

(2) The deductions specified under paragraph (1)(b)—

(a) must be of fixed monetary amounts, and

(b) must be the same for each fee.

(3) A new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into.

(4) Except to the extent that the pre-commencement contributions amount has already been paid under paragraph (1), it is to be paid by way of a deduction from—

(a) the lump sum payable to P under Part 3, or

(b) where P dies before retiring, the lump sum payable in respect of P under Part 6.

Payment of initial pre-commencement contributions

58A.—(1) Contributions payable under regulations 53A, 54A or 55A may be paid—

(a) by way of a lump sum at any time during the period ending with 1st April 2027, or by such later date as the administrators consider reasonable in all the circumstances ;

(b) by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister.

(2) For the purposes of paragraph (1)(b), a “ fee-paid day ” means a day in respect of which P receives a fee in P’s capacity as a holder of an eligible fee-paid judicial office.

(3) The deductions specified under paragraph (1)(b)—

(a) must be of fixed monetary amounts; and

(b) must be the same for each fee.

(4) A new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into.

(5) Regulations 65, 66, 67 and 68 apply as if the references to pre-commencement dependants’ contributions included any contributions paid under regulation 55A .

(6) Except to the extent that contributions payable under regulations 53A, 54A or 55A have already been paid under paragraph (1), they are to be paid by way of deduction from—

(a) any lump sum payable to P under regulation 11N or Part 3; or

(b) where P dies before retiring, any lump sum payable for death in service in respect of P under regulations 11X or 45, or under regulation 102 of the Judicial Pensions Regulations 2022.

PART 9 CONTRIBUTIONS IN RESPECT OF SERVICE ON OR AFTER COMMENCEMENT DAY

Interpretation

59. In this Part—

“ fee year ” means the period beginning with 1st April in any year and ending with the 31st March in the following year; and

“ P ” means an active member.

Liability to pay contributions on fees in respect of qualifying fee-paid days

60. P must pay a contribution to the appropriate Minister on any fee paid to P in respect of a qualifying fee-paid day where the day is, or is after, the commencement day.

Qualifying fee-paid days disregarded if they do not add to reckonable service

61. —(1) Regulation 60 does not require P to pay a contribution in respect of a qualifying fee-paid day worked in an eligible fee-paid judicial office if P's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had P retired on the day before that day.

(2) The reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service).

Amount of contribution

62. —(1) The amount of the contribution payable on a fee under regulation 60 is the sum of—

(a) the personal benefits contribution, and

(b) the dependants' benefits contribution.

(2) The amount of the personal benefits contribution is the amount of the fee ... multiplied by the percentage specified in column 2 of Tables 1 to 7 in Schedule 3 for the relevant fee year, in the row relating to P's annualised fees for that year.

(3) The amount of the dependants' benefits contribution is the amount of the fee ... multiplied by the percentage specified in the relevant column in Tables 1 to 7 in Schedule 3 and for this purpose the relevant column is determined under paragraph (3ZA) or (3ZB) .

(3ZA) If the fee was for an office specified in Table 1 or Table 2 of Schedule 1 and that office was first held before 31st March 1995 , the relevant column is column 3 ; if the fee was for an office specified in Table 1 or Table 2 of Schedule 1 and that office was first held on or after 31st March 1995, the relevant column is column 4 .

(3ZB) If the fee was for an office specified in Table 3 or 4 of Schedule 1, the relevant column is column 4.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this regulation—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “ the relevant fee year ” means the fee year in which the qualifying fee-paid day in respect of which the fee is paid falls.

Contribution rates for fee years

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of contribution

64.—(1) A contribution payable under this Part is to be paid by way of deduction from the fee to which it relates.

(2) A contribution payable under section 52(4) of PSPJOA 2022 is to be paid in accordance with regulation 66 of the 2023 Regulations.

PART 10 REPAYMENT OF DEPENDANTS' BENEFITS CONTRIBUTIONS

Full repayment of dependants' benefits contributions on retirement

65. —(1) This regulation applies where—

(a) a member (“P”) retires on or after the commencement day, and

(b) conditions A and B are met.

(2) On the day after that on which P retires, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 to the extent that it consists of the pre-commencement dependants' contributions amount; and

(b) the total of the contributions previously paid by P under Part 9 to the extent that they represent dependants' benefits contributions.

(4) Condition A is that, on the day on which P retires—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, at all times since P first held an eligible fee-paid judicial office ...—

(a) P was not married and was not in a civil partnership, and

(b) P did not have a qualifying child.

(6) In this Part—

• “the pre-commencement dependants' contributions amount” means the amount determined under regulation 55;

• “dependants' benefits contribution” means the amount determined under regulation 62(3).

Partial repayment of dependants' benefits contributions on retirement

66. —(1) This regulation applies where—

(a) a member (“P”) retires (whether before, on or after the commencement day), and

(b) conditions A and B are met.

(2) On the relevant day, P becomes entitled to a payment from the appropriate Minister.

(3) In paragraph (2) “ the relevant day ” means—

(a) the day after that on which P retires, or

(b) if later, the commencement day.

(4) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days falling after the specified date; and

(b) the total of the contributions previously paid by P under Part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days falling after the specified date.

(5) Condition A is that, on the day on which P retires—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(6) Condition B is that, on any day during the period beginning with the day on which P first held an eligible fee-paid judicial office ... and ending with the day on which P retires—

(a) P was married or was in a civil partnership, or

(b) P had a qualifying child.

(7) In this regulation “ the specified date ” means the last day in respect of which condition B is met.

Full repayment of dependants' benefits contributions on partial retirement

67. —(1) This regulation applies where—

(a) a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), and

(b) conditions A and B are met.

(2) On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days worked in the relevant office; and

(b) the total of the contributions previously paid by P under Part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days worked in the relevant office.

(4) Condition A is that, on the day on which P takes partial retirement—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, at all times since P first held the relevant office ...—

(a) P was not married and was not in a civil partnership, and

(b) P did not have a qualifying child.

Partial repayment of dependants' benefits contributions on partial retirement

68. —(1) This regulation applies where—

(a) a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), and

(b) conditions A and B are met.

(2) On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date; and

(b) the total of the contributions previously paid by P under Part 9 to the extent that they consist of dependants' benefits contributions and were paid on fees in respect of qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date.

(4) Condition A is that, in the day on which P takes partial retirement in relation to the relevant office—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, on any day during the period beginning with the day on which P first held the relevant office and ending with the day on which P takes partial retirement—

(a) P was married or was in a civil partnership, or

(b) P had a qualifying child.

(6) In this regulation “ the specified date ” means the last day in respect of which condition B is met.

Repayments under this Part to be paid with compound interest

69. Where the appropriate Minister makes a payment to a member under this Part, it must be paid together with compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme.

PART 10A Commutation of small pensions

Commutation of small pensions

69A.—(1) This regulation applies if the cash value of the retirement benefits of a member who retires on or after 1st April 2023, or of such a member’s beneficiary, does not exceed the small pensions commutation maximum.

(2) The administrators must, subject to paragraph (3) and after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if—

(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the retirement benefits; 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 administrators may not pay a lump sum to a member 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 a trivial commutation lump sum from any 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).

(4) The administrators must, after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if—

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

(b) the cash value of the retirement benefits is less than £10,000.

(5) A lump sum under this regulation may only be paid—

(a) on or after the date when the member or member’s beneficiary is entitled to payment of a pension; and

(b) before the first payment of the pension is made.

(6) 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.

(7) In this regulation—

“ beneficiary ” includes a transferee within the meaning of regulation 29(1);

“ the commutation provisions ” means the provisions permitting the commutation of pensions set out in—

“ retirement benefits ” means all benefits payable under these Regulations, including any additional benefits purchased by the member;

“ 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.

PART 11 TRANSFERS

CHAPTER 1 GENERAL

Interpretation

70. —(1) In this Part—

“ authorised insurer ” means—

“ last day of reckonable service ” has the meaning given in regulation 72;

“ market level adjustment ” has the meaning given in regulation 78;

“ normal pension age ” means the earliest age at which, if a person's qualifying judicial service had continued until retirement at that age, a member might have been entitled to receive a pension under the principal scheme, otherwise than by reason of meeting the ill-health certification condition;

“ occupational pension scheme ” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993 ;

“ the option ” has the meaning given by regulation 74(1);

“ P ” means a member;

“ personal pension scheme ” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of Pension Schemes (Northern Ireland) Act 1993;

“relevant date”—

“ relevant schemes ” means the principal scheme, the FPJAYS and the JASAPS.

(2) In this Part, references to numbered Tables are to the Tables in Schedule 2 to the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995 .

(3) The definition of “authorised insurer” in paragraph (1) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section;

(c) Schedule 2 to that Act .

Disapplication of other provisions about transfers

71.Chapter 1 of Part 4ZA of the Pension Schemes Act 1993(transfer rights: general) and Chapter 1 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993(transfer rights: general) do not apply in relation to the relevant schemes.

CHAPTER 2 TRANSFERS OUT

Transfers out

72. —(1) Where the conditions set out in paragraph (2) are met, regulations 73 to 82 apply to P—

(a) to or in respect of whom benefits are payable under one or more of the relevant schemes; and

(b) the last day which counts towards P's reckonable service (“last day of reckonable service”) or the last day on which P held an eligible fee-paid judicial office is on or after the commencement day.

(2) The conditions are that—

(a) P has not retired;

(b) on P's last day of reckonable service—

(i) P has accrued rights to benefits under the principal scheme; or

(ii) P would have such rights if P's qualifying judicial service had also ended on that date, and

(c) either—

(i) P's age on 6th February 2013 was more than one year under normal pension age, and P exercises the option within twelve months of the amendment day (in which case the restriction in regulation 79 does not apply to P) ; or

(ii) P's age on the date P exercises the option is at least one year under normal pension age.

Qualifying member's right to a transfer payment

73. —(1) On P's last day of reckonable service, P acquires a right to the cash equivalent at the relevant date of any benefits which have accrued to, or in respect of P, under the relevant schemes.

(2) In this Chapter “ the relevant date ” means the date of any application which P has made under regulation 80 and which has not been cancelled.

Method of taking cash benefit

74. —(1) P may only exercise the right in regulation 73(1) by exercising the option conferred by this paragraph (“the option”).

(2) The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways P chooses—

(a) for acquiring transfer credits allowed under the rules of another occupational pension scheme—

(i) whose trustees or managers are able and willing to accept the transfer; and

(ii) which satisfies the requirements in regulation 75;

(b) for acquiring rights allowed under the rules of a personal pension scheme—

(i) whose trustees or managers are able and willing to accept the transfer; and

(ii) which satisfies the requirements in regulation 75;

(c) for purchasing one or more annuities satisfying the requirements in regulation 75 from one or more authorised insurers—

(i) chosen by P, and

(ii) willing to accept payment on P's account from the Treasury;

(d) for subscribing to other pension arrangements which satisfy the requirements in regulation 75.

(3) P may exercise the option in different ways in relation to different portions of P's cash equivalent.

(4) If P exercises the option P must do so in relation to the whole of P's cash equivalent.

(5) In this regulation, “ transfer credits ” has the meaning given by section 181(1) of the Pension Schemes Act 1993, or in relation to Northern Ireland, section 176(1) of the Pension Schemes (Northern Ireland) Act 1993 .

Requirements to be satisfied by schemes

75. The requirements to be satisfied by an occupational pension scheme, personal pension scheme, annuity or other pension arrangement referred to in regulation 74(2) are that the scheme, annuity or arrangement is—

(a) a registered pension scheme, or

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

Calculation of cash equivalents

76. —(1) The cash equivalent of accrued benefits is to be calculated in accordance with the formula—

(2) For the purpose of the calculations in paragraph (1)—

(a) MLA is the market level adjustment;

(b) p is the accrued annual pension to which P would be entitled under these Regulations, together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the relevant schemes and the relevant date;

(c) PF is the pension factor set out in Table 3 applicable to P's age last birthday as at the relevant date;

(d) I is the accrued lump sum under the relevant schemes of P (less any deductions in respect of unpaid contributions payable under Part 9 of these Regulations, or any other sum payable under these Regulations), together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the relevant schemes and the relevant date;

(e) L is the lump sum factor set out in Table 3 applicable to P's age last birthday as at the relevant date;

(f) w is the accrued annual surviving adult's pension which would apply under the relevant schemes if P were dead, together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the relevant schemes and the relevant date;

(g) SF is the spouse's or civil partner's factor applicable to P's age last birthday as at the relevant date set out under the heading—

(i) WM in Table 3 where P is married or a civil partner at the date of leaving the relevant schemes;

(ii) GSM in Table 3 where P is male and neither married nor a civil partner at the date of leaving the relevant schemes;

(iii) GSF in Table 3 where P is female and neither married nor a civil partner at the date of leaving the relevant schemes;

(h) g78 is the guaranteed minimum pension per annum accrued prior to 6th April 1988, together with any increases under section 148 of the Social Security Administration Act 1992 or, in relation to Northern Ireland, section 130 of the Social Security Administration (Northern Ireland) Act 1992 in the period between leaving the relevant scheme and the relevant date;

(i) g88 is the guaranteed minimum pension per annum accrued on or after 6th April 1988, together with any increases under section 148 of the Social Security Administration Act 1992 or, in relation to Northern Ireland, section 130 of the Social Security Administration (Northern Ireland) Act 1992 in the period between leaving the relevant scheme and the relevant date;

(j) GMP is the guaranteed minimum pension factor applicable to P's age last birthday as at the relevant date set out in the column under the heading—

(i) GM in Table 5 where P is male; and

(ii) GF in Table 5 where P is female.

Delayed payments

77. When the transfer payment is, without good reason, not made within 6 months of the relevant date, the transfer payment is the greater of—

(a) the value of the cash equivalent as at the relevant date increased with interest on a daily basis over the period from the relevant date to the date of payment at the rate set out in regulation 10(2) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 or, in relation to Northern Ireland, regulation 10(2) of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 , as amended from time to time; and

(b) the value of the cash equivalent recalculated as if the date of payment had been the relevant date.

Calculation of market level adjustment

78. —(1) For the purposes of regulations 76 and 88 the market level adjustment is the figure calculated in accordance with the formula—

(2) In this regulation “ the yield on index-linked stocks ” means the real yield to redemption on the Financial Times-Actuaries Index of index-linked Government securities with 5 or more years to redemption assuming 5% inflation, in respect of the first working day of the month in which the relevant date falls as published in the Financial Times.

Time within which option must be exercised

79. —(1) P may only exercise the option on or before the last option date.

(2) The last option date is the later of—

(a) the date which falls one year before the date on which P reaches normal pension age;

(b) the last day of the period of 6 months beginning with the day after P's last day of reckonable service.

(3) P loses the right to any cash equivalent under this Chapter if—

(a) P's pension under these Regulations becomes payable before P reaches normal pension age; or

(b) P fails to exercise the option on or before the last option date.

Option to be exercised in writing

80. —(1) P may only exercise the option by making an application in writing to the administrators for submission to the Treasury.

(2) If the Treasury receive an application under this regulation, the Treasury must do what is needed to comply with the choice made by P in exercising the option—

(a) within 12 months of the date on which it receives P's application, or

(b) no later than the date on which P attains normal pension age,

whichever is earlier.

Options: discharge of responsibility

81. In any case where—

(a) P has exercised the option, and

(b) the Treasury have done what is needed to comply with the choice made by P in exercising the option,

the Treasury are discharged from any obligation to provide benefits to which the cash equivalent related.

Cancellation of exercise of option

82. —(1) P may cancel the exercise of the option by giving the Treasury notice in writing that P no longer wishes it to be exercised.

(2) A notice given under paragraph (1) does not have effect if it is given to the Treasury at a time when, in order to comply with the choice made by P in exercising the option, the Treasury have entered into an agreement with a third party to use the whole or part of P's cash equivalent in a way specified in regulation 74(2).

(3) The cancellation of the exercise of an option by P under paragraph (1) does not affect P's right to make another application under regulation 80.

CHAPTER 3 TRANSFERS IN

Application of Chapter and interpretation

83. —(1) This Chapter applies in relation to P if—

(a) P has accrued rights under a registered pension scheme, and

(b) P's age on 6th February 2013 was more than one year under normal pension age.

(2) In this Chapter—

“ additional pension ” has the meaning given in regulation 88;

“ derivative benefit ” has the meaning given in regulation 87;

“ the relevant date ” means the date on which a transfer payment is received by the administrators;

“ transfer payment ” has the meaning given by regulation 84.

Application to accept payment into scheme

84. —(1) P may ask the administrators to accept a payment into the principal scheme (“a transfer payment”) representing the cash equivalent of P's accrued rights in any registered pension scheme.

(2) The administrators may refuse to accept the payment or any part of it.

(3) Unless paragraph (4) applies to P a request under paragraph (1) must be made—

(a) in writing;

(b) before P has reached normal pension age; and

(c) not less than one year before P becomes entitled to a pension under these Regulations on retirement from P's eligible fee-paid judicial office.

(4) If P meets the requirement in regulation 83(1), P may make a request in writing within the period of one year beginning with the amendment day and must nominate a date on which the transfer is to take effect, between 6th February 2013 and the amendment day, which must be a day on which P would have met the requirements set out in paragraph (3)(b) and (c).

Cancellation of request

85. —(1) P may, by notice in writing given to the administrators, cancel a request made under regulation 84 at any time before it has been accepted.

(2) If P cancels a request, P may make another.

Manner of accepting payment

86. Payments into the principal scheme must be made directly from the trustees or administrators of the registered pension scheme and in no other manner.

Benefits to be provided

87. —(1) The benefits to be provided to P in respect of a transfer payment into the principal scheme are—

(a) an annual pension payable to P from the same date and at the same intervals as P's pension under the principal scheme; and

(b) derivative benefits payable at the same intervals and to the same persons as the benefits under the principal scheme are payable.

(2) In this Chapter, “ derivative benefit ” means—

(a) a lump sum under regulation 25,

(b) a surviving adult's pension under regulation 36, and

(c) a children's pension under regulation 42.

Calculation of benefits in respect of transfer payments

88. —(1) This regulation applies for the purposes of calculating the annual pension and derivative benefits to be provided to P to reflect a transfer payment into the principal scheme (“the additional pension”).

(2) In this regulation—

(a) the guaranteed minimum pension used in the calculations is that provided by the Department for Work and Pensions, or, in relation to Northern Ireland, the Department for Communities which corresponds to the application of revaluation orders under section 148 of the Social Security Administration Act 1992 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 ;

(b) the transfer payment is to include the amount of any limited revaluation premium (as defined in section 55 of the Pension Schemes Act 1993 and section 51 of the Pension Schemes (Northern Ireland) Act 1993) paid by a previous scheme (as those provisions had effect before they were repealed).

(3) The additional pension in respect of a transfer payment is to be calculated in accordance with the formula—

(4) For the purpose of the calculations in paragraph (3)—

(a) TP is the transfer payment from the scheme from which P is transferring;

(b) MLA is the market level adjustment;

(c) PF is the pension factor set out in Table 5 applicable to P's age last birthday as at the relevant date;

(d) L is the lump sum factor set out in Table 5 applicable to P's age last birthday as at the relevant date;

(e) SF1 is the spouse's or civil partner's factor applicable to P's age last birthday as at the relevant date set out in the column under the heading—

(i) WM in Table 5 where P is married or a civil partner at the relevant date;

(ii) WS in Table 5 where P is neither married nor a civil partner at the relevant date;

(f) SF2 is the spouse's or civil partner's factor applicable to P's age last birthday as at the relevant date set out in the column under the heading—

(i) GSM in Table 5 where P is male and neither married nor a civil partner at the relevant date;

(ii) GSF in Table 5 where P is female and neither married nor a civil partner at the relevant date;

(g) g78 is the guaranteed minimum pension per annum accrued prior to 6th April 1988;

(h) g88 is the guaranteed minimum pension per annum accrued on or after 6th April 1988;

(i) GMP is the guaranteed minimum pension factor applicable to P's age last birthday as at the relevant date set out in the column under the heading—

(i) GM in Table 5 where P is male; and

(ii) GF in Table 5 where P is female.

(5) The lump sum payable under regulation 25 in respect of the transfer payment is

(6) The surviving adult's pension payable under regulation 36 in respect of the transfer payment is

(7) The children's pension payable under regulation 42 in respect of the transfer payment bears the same proportion to the additional pension as the rate of the children's pension payable under that regulation under the principal scheme bears to the rate of the P's pension under that scheme as set out in regulation 43.

Refusal to accept

89. Where the additional pension available to be transferred into the scheme is less than twice the aggregate accrued annual rate of the guaranteed minimum pension (if any) of P at the relevant date, the transfer payment must be rejected by the administrators.

PART 12 FEE-PAID JUDICIAL ADDITIONAL VOLUNTARY CONTRIBUTION SCHEME

Interpretation

90. In this Part—

“ the 2004 Act ” means the Finance Act 2004 ;

“ authorised provider ” has the same meaning as in section 1(9) of the Superannuation Act 1972 ;

“historic contributions” mean contributions which a JAVC member would have been able to make to the JAVC scheme during the period beginning with 7th April 2000 and ending with the day before the commencement day if the JAVC scheme had been established on 7th April 2000;

“ JAVC member ” means a member of the principal scheme who has given a notice under regulation 91(2);

“ the JAVC scheme ” means the Fee-Paid Judicial Additional Voluntary Contributions Scheme constituted by this Part;

“ judicial pension scheme ” means the scheme constituted by the Judicial Pensions Regulations 2015 , or any scheme constituted by the 1995 Regulations;

“ qualifying recognised overseas pension scheme ” has the meaning given in section 169(2) of the 2004 Act ;

“ scheme assets ” means the total value of A minus B, where—

“ scheme contributions ” means the total of payments made under regulation 94(2).

Membership

91. —(1) Membership of the JAVC scheme is open to active members of the principal scheme.

(2) A person to whom membership of the JAVC scheme is open may become a member of the JAVC scheme by giving notice in writing to the administrators within 12 months of the commencement day (or by such later date as the administrators may agree).

(3) A notice under paragraph (2) must include such information as the administrators may, for the purposes of carrying out functions under the JAVC scheme, require.

Further information

92. —(1) A JAVC member must, if requested by the administrators, provide or authorise to be provided such information as is requested by the administrators—

(a) relating to the JAVC member's medical history and state of health;

(b) about any benefits which the JAVC member may have which are derived from a registered pension scheme including information about any such benefits which have been transferred to another scheme, whether or not in the United Kingdom.

(2) The administrators may only request information under paragraph (1)(b) which relates to benefits accrued other than through contributions to a judicial pension scheme.

Disclosure of information

93. The administrators may disclose any information obtained under regulation 91 or 92 to—

(a) the Commissioners for Her Majesty's Revenue and Customs (or to the officers of the Commissioners for Her Majesty's Revenue and Customs);

(b) any authorised provider, or the servants or agents of that provider, who is, or may be, concerned in the investment of the funds or the provision of benefits under the JAVC scheme.

Contributions: JAVC members

94. —(1) A JAVC member (“M”) must inform the administrators by notice in writing as to the level and form of contributions that the JAVC member wishes to make.

(2) M may—

(a) make contributions to the JAVC scheme by way of—

(i) regular payments of the same amount;

(ii) lump sum payments made from time to time of the same or a different amount;

(b) if paragraph (4) applies, make historic contributions to the JAVC scheme by way of lump sum payments of the same or a different amount; or

(c) make a combination of contributions under paragraphs (a) and (b).

(3) Contributions made under paragraph (2)(a) must be made by way of a deduction from fees which M has received in M's capacity as a holder of an eligible fee-paid judicial office (“M's fees”).

(4) M may make historic contributions to the JAVC scheme by way of lump sum payments provided that—

(a) the lump sum payments are made within 3 years of the commencement day (and no more than one lump sum payment may be made in each year), and

(b) the total historic contributions made by M do not exceed the maximum amount permitted under regulation 95.

(5) A notice under paragraph (1) must specify—

(a) in the case of a regular payment, the amount of each regular payment or, if expressed as a percentage of M's fees, that percentage;

(b) in the case of a lump sum, the amount of the contribution.

(6) M's scheme contributions in any tax year must not exceed that amount which, when aggregated with all contributions by M to any other registered pension scheme in the same tax year, bring M's total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 Act .

(7) Contributions made by M in accordance with regulation 3 of the Judicial Pensions (Contributions) Regulations 2012 are not to be taken into account for the purposes of calculating the total contributions in paragraph (6).

Historic contributions

95. —(1) The historic contributions made by a JAVC member (“M”) must not exceed that amount which is equal to the sum of the amounts determined for each tax year during the period from 6th April 2000 to the commencement day, in accordance with the following formula—

(2) For the purposes of paragraph (1)(a), M's “annual fee income” is the total of the fees paid to M in respect of qualifying fee-paid days in the tax year concerned.

Transfers in

96. —(1) A JAVC member may, at any time before the JAVC member reaches the age of 55, make, or arrange for the making of, a payment representing the cash equivalent of the JAVC member's accrued rights in any other registered pension scheme or a qualifying recognised overseas pension scheme (the “transferring scheme”) to be invested in the JAVC scheme.

(2) A JAVC member to whom paragraph (3) applies may also, within one year after the commencement day, make, or arrange for the making of, a payment representing the cash equivalent of the JAVC member's accrued rights in a transferring scheme on the day before the JAVC member reached the age of 55 to be invested in the JAVC scheme.

(3) This paragraph applies to a JAVC member whose age on 6th February 2013 was more than one year under the age of 55.

(4) A payment under paragraph (1) or (2) from a registered pension scheme may be accepted by the administrators only if the administrator of the registered pension scheme certifies that the payment is a recognised transfer as defined in section 169 of the 2004 Act .

Investment of funds

97. —(1) The administrators must, as soon as reasonably practicable, invest any contributions made by a JAVC member under regulation 94 and any transfer payment accepted under regulation 96 with an authorised provider for the purpose of providing benefits under regulation 98.

(2) Where the authorised provider offers more than one type of investment the JAVC member must elect that those sums be paid into particular types of investments.

(3) The administrators are not required to give effect to an election made under paragraph (2) if it is not reasonably practicable to do so.

(4) The investments made in respect of a JAVC member with the authorised provider may be realised and reinvested with the authorised provider at the request of the JAVC member, in such amounts, at such times, and in such manner as may be specified by the administrators with the approval of the authorised provider.

(5) The administrators may require an authorised provider to surrender the whole or part of the value of the sums referred to in paragraph (1).

(6) The administrators must re-invest a sum surrendered under paragraph (5) in accordance with paragraph (1).

Benefits which may be provided

98. —(1) A JAVC member is entitled to the benefits attributable to the scheme assets.

(2) The administrators must provide only benefits authorised by or under Chapter 3 of Part 4 of the 2004 Act.

(3) Where the JAVC member wishes, from time to time, to take benefits under this scheme the member must give notice in writing to the administrators.

(4) A notice under paragraph (3) must specify—

(a) the proportion of the JAVC member's benefits referred to in paragraph (1) to which the notice relates;

(b) the JAVC member's preference as to the benefits to be provided under paragraph (2) in relation to that proportion; and

(c) if the JAVC member wishes a combination of benefits to be provided, what proportion of the JAVC member's benefits the member wishes to be allocated to each type of benefit.

Death

99. —(1) Where a JAVC member dies, any lump sum payable to that JAVC member under the JAVC scheme must be paid to the person (if any) nominated by that JAVC member for the purposes of this paragraph by notice in writing to the administrators.

(2) If no such nomination is made, the administrators must pay the amount payable to the personal representatives of the JAVC member.

Transfers out

100. —(1) A JAVC member may cease to be a member of the JAVC scheme in relation to all or part of the scheme assets at any time before those benefits are provided under regulation 98.

(2) Subject to Chapters 1 and 2 of Part 4ZA of the Pension Schemes Act 1993, or Chapters 1 and 2 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993 , the JAVC member must, on leaving the JAVC scheme, request the administrators (in such manner as may be specified by the administrators) to take one or more of the following actions—

(a) to transfer all or part of the JAVC member's scheme assets to any other registered pension scheme or a qualifying recognised overseas pension scheme in which the JAVC member may be participating (provided that the other pension scheme is willing and able to accept such a transfer value);

(b) to use all or part of the value of the JAVC member's scheme assets to purchase one or more insurance policies of the type described in section 95(2)(c) of the Pension Schemes Act 1993 or section 91(2)(c) of the Pension Schemes (Northern Ireland) Act 1993;

(c) if the JAVC member's reckonable service, together with any service whilst a member of another registered pension scheme or a qualifying recognised overseas pension scheme from which a transfer value has been paid to the JAVC scheme is less than 2 years, to pay the JAVC member the value of the JAVC member's scheme assets;

(d) to use all or part of the JAVC member's scheme assets in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 Act .

Tax

101. Whenever the appropriate Minister is liable for any tax in respect of any payment made to any person under this Part, the administrators must deduct sums equal in total to such tax out of the realisable value of any investments made by the authorised provider with the JAVC member's scheme contributions under regulation 94 and any transfer payment accepted under regulation 96.

Administrative expenses

102. Any administrative expenses incurred by an authorised provider by virtue of acting as such under this Part may be defrayed, to the extent agreed by the administrators, out of the realisable value of any investments made by the authorised provider with the JAVC member's scheme contributions under regulation 94 and any transfer payment accepted under regulation 96.

PART 13 THE FEE-PAID JUDICIAL ADDED YEARS SCHEME

CHAPTER 1 INTRODUCTION

Interpretation and appointment of actuary

103. —(1) In this Part—

...

“ assumed contribution commencement date ” has the meaning given in regulation 105(1);

“ assumed retirement age ” has the meaning given in regulation 105(3);

“ assumed retirement date ” means the date on which an unretired FPJAYS member reaches the assumed retirement age;

“ equivalent value of any retained benefits ” means a period of time expressed in years and any fraction of a year determined by the FPJAYS actuary to represent the value of any retained benefits;

“FPJAYS” is the scheme constituted by this part of the Regulations;

“ FPJAYS actuary ” means the actuary appointed by the appropriate Minister under paragraph (2) of this regulation;

“ FPJAYS member ” means a member of the FPJAYS;

“ judicial pension scheme ” means the scheme constituted by the Judicial Pensions Regulations 2015 or 2022 , or any scheme constituted by the 1995 Regulations;

“ periodic contributions start date ” has the meaning given in regulation 110(2);

“retained benefits” are benefits determined by the administrators as satisfying the definition of that expression for the purposes of the 1995 Regulations as those Regulations were first in force;

“ retired FPJAYS member ” means an FPJAYS member who has retired from an eligible fee-paid judicial office ... and who was not an opted-out member of the principal scheme;

“ Table 1 ” means the table in Schedule 1 to the 1995 Regulations

“ unretired FPJAYS member ” means an FPJAYS member who continues to hold judicial office.

(1A) In relation to fee-paid days between 1st April 2015 and 31st March 2022, regulation 4 applies for the purposes of this Part as if paragraph (2)(c) were omitted.

(1B) References in this Part to reckonable service and to qualifying fee-paid days are to be read as including a reference to fee-paid days in judicial office after 31st March 2022 as if the principal scheme had not been closed to further accruals.

(2) The appropriate Minister must appoint an actuary who appears to the Minister to be appropriately qualified to act as the FPJAYS actuary for the purposes of this Part.

Membership

104.—(1) Membership of the FPJAYS is open to unretired and retired members of the principal scheme (but not to opted-out members) who have service in an eligible fee-paid judicial office between 31st March 1995 and 5th April 2006 and whose benefits under the principal scheme in relation to at least one such office are, or are to be, calculated under the post-1995 provisions.

(2) A person to whom membership of the FPJAYS is open may become an FPJAYS member by giving notice in writing to the administrators within 48 months of the amendment day (or by such later date as the administrators may agree).

(3) Subject to the provisions of this Part, an FPJAYS member has the right to purchase pension credits in the form of added years.

Deemed FPJAYS membership where a 2015 scheme election is made

104A.—(1) This regulation applies where—

(a) a person (“ P ”) has remediable service in an eligible fee-paid judicial office;

(b) P has, during the period of remediable service, paid contributions to purchase added years under this Part; and

(c) a 2015 scheme election is made in respect of P.

(2) P is deemed to have been an active FPJAYS member in respect of the contributions.

Assumed dates etc

105. —(1) For the purposes of this Part, an FPJAYS member must nominate a date (“the assumed contribution commencement date”) from which contributions are assumed to have been payable by the member in relation to those credits.

(2) The date nominated under paragraph (1) must be no earlier than the date on which the FPJAYS member first held an eligible fee-paid judicial office and in any event must be between 31st March 1995 and 5th April 2006.

(3) For the purposes of this Part, an unretired FPJAYS member must nominate an age between the age of 60 and the member's compulsory retirement age at which that member intends to retire (“the assumed retirement age”).

CHAPTER 2 RETIRED FPJAYS MEMBERS

Purchase of added years by retired FPJAYS members

106. —(1) A notice given under regulation 104(2) by a retired FPJAYS member (“R”) must specify—

(a) R's assumed contribution commencement date;

(b) the date R retired; and

(c) the number of added years R would like to purchase.

(2) The maximum number of added years that R may purchase under the FPJAYS is to be determined in accordance with the formula

(a) A is the aggregate length of R's reckonable service in eligible fee-paid judicial offices held by R;

(b) B is the aggregate length of R's service in qualifying judicial office (within the meaning of Part 1 of the Judicial Pensions and Retirement Act 1993); and

(c) C is the equivalent value of any retained benefits to which R was entitled at the assumed contribution commencement date.

(3) Where the maximum number of added years would (apart from this paragraph) be negative, it is instead nil.

Contributions by retired FPJAYS members

107. —(1) The contribution to the FPJAYS for a retired FPJAYS member (“R”) must be made by lump sum payment to the administrators, within 12 months of the date on which R served notice under regulation 104(2).

(2) The total contribution to the FPJAYS which R must make is to be calculated in accordance with this regulation, subject to the limit on the level of contributions in regulation 108.

(3) Where on the date R retired, R had a spouse, civil partner or qualifying child, the contribution is to be determined in accordance with the formula—

(4) The relevant benefits figure is determined by taking the following steps—

Step 1

• Use the salary which would have been R's appropriate annual salary on the assumed contribution commencement date (or if R held more than one eligible fee-paid judicial office on that date, the salary which would have been the highest appropriate annual salary) if R had retired on that date to determine which is the applicable salary group for R specified in Table 1.

Step 2

• From the part of Table 1 for R's salary group, determine which entry in column 1 describes the period referred to in B (ignoring the heading of the column).

Step 3

• Add together the personal benefits and family benefits percentage figures corresponding to the entry in column 1 referred to in Step 2.

(5) Where R did not have a spouse, civil partner or qualifying child at any point in the period beginning with R's assumed contribution commencement date and ending with the date R retired, the contribution is to be determined in accordance with paragraphs (3) and (4) as if Step 3 were— “Use the personal benefits figure corresponding to the entry in column 1 referred to in Step 2”.

(6) Where R did not have a spouse, civil partner or qualifying child on the date on which R retired, but did at some point in the period beginning with the assumed contribution commencement date and ending with the date R retired, the contribution due is to be determined in accordance with the formula

(a) E is the contribution for the period beginning with R's assumed contribution commencement date and ending with the date on which R last had a spouse, civil partner or qualifying child, determined in accordance with paragraphs (3) and (4), as if in paragraph (3)(c), “ C ” refers to the total of fees paid to R in respect of qualifying fee-paid days in that period;

(b) F is the contribution for the period beginning with the day after the date R last had a spouse, civil partner or qualifying child (“the start date”) and ending with the date R retired, determined in accordance with paragraph (5) as if the period referred to in paragraph (3)(c) as applied in paragraph (5) started on the start date.