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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2017, ISBN 9780111154953

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 29(2A) of the Judicial Pensions and Retirement Act 1993, for approval by resolution of each House of Parliament.

Public Service Pensions

Made 2017

Coming into force 2017

The Lord Chancellor in relation to judicial offices for which she is the appropriate Minister within the meaning of section 30 of the Judicial Pensions and Retirement Act 1993f1 and the Secretary of State in relation to judicial offices for which he is the appropriate Minister within the meaning of section 30 of that Act, make the following Regulations in exercise of the powers conferred by section 18A of that Actf2:

Annotations to the whole text

Footnotes

f1

1993 c.8.

f2

Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c.8).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Judicial office, retirement and partial retirement
  5. 4Qualifying fee-paid days and qualifying fee-paid service
  6. 5Reckonable service
  7. 6Qualifying judicial service
  8. 7Appropriate annual salary
  9. Part 2: PRINCIPAL SCHEME MEMBERSHIP
  10. 8Members
  11. 9Opted-out members and active members
  12. 10Opting out
  13. 11Opting back in
  14. Part 3: RETIREMENT BENEFITS
  15. 12Retirement aged 65 or over: entitlement to ordinary pension
  16. 13Annual rate of ordinary pension
  17. 14Retirement between the ages of 60 and 65: entitlement to reduced pension
  18. 15Retirement under age of 60 on removal from judicial office: entitlement to reduced pension
  19. 16Annual rate of reduced pension
  20. 17Retirement under the normal pension age: entitlement to preserved pension
  21. 18Annual rate of preserved pension
  22. 19Retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pension
  23. 20Annual rate of ill-health ordinary pension
  24. 21Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension
  25. 22Annual rate of ill-health enhanced pension
  26. 23Ill-health certification condition
  27. 24Times at which pension under this Part is payable
  28. 25Lump sum: entitlement and amount
  29. 26Multiple retirements
  30. Part 4: PARTIAL RETIREMENT
  31. 27Option to take partial retirement in relation to a fee-paid judicial office
  32. 28Effect of partial retirement
  33. Part 5: BENEFITS FOR PERSONS ENTITLED TO PENSION CREDITS
  34. 29Application of Part and interpretation
  35. 30Pension credit derived from the principal scheme: entitlement to pension
  36. 31Annual rate of pension under regulation 30
  37. 32Lump sum for transferee at age 65
  38. 33Lump sum where transferee dies before age 65
  39. 34Exclusions
  40. Part 6: DEATH BENEFITS
  41. 35Interpretation
  42. 36Entitlement to a surviving adult’s pension
  43. 37Annual rate of surviving adult’s pension
  44. 38Annual rate of surviving adult’s pension: special provision for surviving civil partners
  45. 39Payment of a surviving adult’s pension
  46. 40Meaning of “eligible child”
  47. 41Meaning of “eligible child”: the age condition and the occupation condition
  48. 42Entitlement to an eligible child’s pension
  49. 43Annual rate of eligible child’s pension
  50. 44Payment and application of an eligible child’s pension
  51. 45Lump sum on death: death in service
  52. 46Lump sum on death: death after retirement of member with preserved pension
  53. 47Lump sum on death: death soon after retirement of member entitled to pension
  54. Part 7: BENEFITS IN RESPECT OF PERIODS BEFORE COMMENCEMENT
  55. 48Application of Part
  56. 49Meaning of “the interim payments amount” and “the pre-commencement benefits amount”
  57. 50Additional payment where no or insufficient interim payments made
  58. 51Deduction of any excess interim payments
  59. Part 8: CONTRIBUTIONS IN RESPECT OF PRE-COMMENCEMENT SERVICE
  60. 52Interpretation
  61. 53Liability to pay pre-commencement contributions amount
  62. 54Calculation of pre-commencement personal contributions amount
  63. 55Calculation of pre-commencement dependants’ contributions amount
  64. 56Qualifying fee-paid days disregarded if they do not add to reckonable service
  65. 57The Contributions Table
  66. 58Payment of pre-commencement contributions amount
  67. Part 9: CONTRIBUTIONS IN RESPECT OF SERVICE ON OR AFTER COMMENCEMENT DAY
  68. 59Interpretation
  69. 60Liability to pay contributions on fees in respect of qualifying fee-paid days
  70. 61Qualifying fee-paid days disregarded if they do not add to reckonable service
  71. 62Amount of contribution
  72. 63Contribution rates for fee years
  73. 64Payment of contribution
  74. Part 10: REPAYMENT OF DEPENDANTS’ BENEFITS CONTRIBUTIONS
  75. 65Full repayment of dependants’ benefits contributions on retirement
  76. 66Partial repayment of dependants’ benefits contributions on retirement
  77. 67Full repayment of dependants’ benefits contributions on partial retirement
  78. 68Partial repayment of dependants’ benefits contributions on partial retirement
  79. 69Repayments under this Part to be paid with compound interest
  80. Part 11: TRANSFERS
  81. Chapter 1: GENERAL
  82. 70Interpretation
  83. 71Disapplication of other provisions about transfers
  84. Chapter 2: TRANSFERS OUT
  85. 72Transfers out
  86. 73Qualifying member’s right to a transfer payment
  87. 74Method of taking cash benefit
  88. 75Requirements to be satisfied by schemes
  89. 76Calculation of cash equivalents
  90. 77Delayed payments
  91. 78Calculation of market level adjustment
  92. 79Time within which option must be exercised
  93. 80Option to be exercised in writing
  94. 81Options: discharge of responsibility
  95. 82Cancellation of exercise of option
  96. Chapter 3: TRANSFERS IN
  97. 83Application of Chapter and interpretation
  98. 84Application to accept payment into scheme
  99. 85Cancellation of request
  100. 86Manner of accepting payment
  101. 87Benefits to be provided
  102. 88Calculation of benefits in respect of transfer payments
  103. 89Refusal to accept
  104. Part 12: FEE-PAID JUDICIAL ADDITIONAL VOLUNTARY CONTRIBUTION SCHEME
  105. 90Interpretation
  106. 91Membership
  107. 92Further information
  108. 93Disclosure of information
  109. 94Contributions: JAVC members
  110. 95Historic contributions
  111. 96Transfers in
  112. 97Investment of funds
  113. 98Benefits which may be provided
  114. 99Death
  115. 100Transfers out
  116. 101Tax
  117. 102Administrative expenses
  118. Part 13: THE FEE-PAID JUDICIAL ADDED YEARS SCHEME
  119. Chapter 1: INTRODUCTION
  120. 103Interpretation and appointment of actuary
  121. 104Membership
  122. 105Assumed dates etc
  123. Chapter 2: RETIRED FPJAYS MEMBERS
  124. 106Purchase of added years by retired FPJAYS members
  125. 107Contributions by retired FPJAYS members
  126. 108Retired FPJAYS members: maximum contributions
  127. 109Valuation of benefits for retired FPJAYS members
  128. Chapter 3: ACTIVE FPJAYS MEMBERS
  129. 110Purchase of added years by active FPJAYS members
  130. 111Contributions by active FPJAYS members
  131. 112Valuation of benefits for active FPJAYS members
  132. 113Refund of contributions
  133. Chapter 4: GENERAL
  134. 114Limit on children’s pension benefits
  135. 115Reduction of benefits
  136. Part 14: THE FEE-PAID JUDICIAL ADDED SURVIVING ADULT’S PENSION SCHEME
  137. Chapter 1: INTRODUCTION
  138. 116Interpretation
  139. 117Membership
  140. 118Assumed dates etc
  141. Chapter 2: RETIRED JASAPS MEMBERS
  142. 119Notice to purchase added surviving adult’s pension by retired JASAPS members
  143. 120Cost of added surviving adult’s pension for retired JASAPS members
  144. 121Contributions by retired JASAPS members
  145. 122Valuation of benefits for retired JASAPS members
  146. Chapter 3: ACTIVE JASAPS MEMBERS
  147. 123Purchase of added surviving adult’s pension by active JASAPS members
  148. 124Cost of added surviving adult’s pension by active JASAPS members
  149. 125Contributions by active JASAPS members
  150. 126Valuation of benefits for active JASAPS members
  151. 127Refund of contributions
  152. Chapter 4: GENERAL
  153. 128Reduction of benefits
  154. Part 15: APPEALS
  155. 129Appeals
  156. Signature
  157. Schedule FEE-PAID OFFICES, ANNUAL DIVISORS
  158. Explanatory note