# The Judicial Pensions (Fee-Paid Judges) Regulations 2017, Regulation 49: Meaning of “the interim payments amount” and “the pre-commencement benefits amount”


(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.

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Source: https://www.legislation.gov.uk/ukdsi/2017/9780111154953/regulation/49 (the official version)
Page: https://openlegislation.uk/draft-judicial-pensions-fee-paid-judges-regulations-2017/regulation-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.