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Regulation 107 Contributions by retired FPJAYS members

Original text. Later amendments are not shown.

(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—

( ( A÷100 B )×C )×D

where—

  1. (a)

    A is the relevant benefits figure (see paragraph (4));

  2. (b)

    B is the amount of reckonable service which R accrued in the period beginning with the assumed contribution commencement date and ending with the date on which R retired, calculated in accordance with regulation 5(1) as though paragraph (2) of that regulation does not apply;

  3. (c)

    C is the total of the fees paid to R in respect of qualifying fee-paid days in the period referred to in B;

  4. (d)

    D is the number of added years R would like to purchase.

(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 E+F where—

(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.