Regulation 2 Insertion of new Part into the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023

After Part 3 (Benefits in respect of periods before amendment day) insert —

“Part 3A

Benefits in respect of periods after amendment day

Benefits in respect of period after amendments

70A

(1)

This Part applies where—

(a)

a member (“P”) retired, or died without retiring; and

(b)

approximated amounts of pension were paid to P after the amendment day in respect of P’s retirement or death under arrangements made for the purpose of providing benefits after the amendment day corresponding to an anticipated increase in benefits (including an increase from zero) payable under the principal scheme as a consequence of amendments made by these Regulations.

(2)

In this Part, expressions defined for the purpose of the 2017 Regulations have the same meaning as in those Regulations.

Meaning of “approximated pension payments amount” and “post-amendment day benefits increase amount”

70B

In this Part—

(a)

the “approximated pension payments amount” means the total amount of pension that was paid to a person under arrangements made for the purpose of providing increased benefits after the amendment day in respect of P’s retirement or death under the principal scheme in lieu of benefits being finally calculated in accordance with the principal scheme;

(b)

the “post-amendment day benefits increase amount” means the total amount of the increase in benefits under the principal scheme that would have been payable after the amendment day in respect of P’s retirement or death, after deduction of any contributions that would have been payable, as a consequence of amendments made by these Regulations, if those benefits had been finally calculated in accordance with the principal scheme on the day before the day on which P retired or died without having retired.

Additional payment where no or insufficient approximated pension payments made

70C

(1)

Paragraph (2) applies where the approximated pension payments amount in relation to a person is less than the post-amendment day benefits increase amount.

(2)

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

Repayment of any excess approximated pension payments

70D

(1)

Paragraph (2) applies where the approximated pension payments amount in relation to a person is greater than the post-amendment day benefits increase amount.

(2)

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