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The Judicial Pensions Regulations 2015

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

Draft 2015, ISBN 9780111124895

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 Order laid before Parliament under section 24(1)(c) of the Public Service Pensions Act 2013, for approval by resolution of each House of Parliament.

Public Service Pensions

Made ***

Coming into force in accordance with regulation 1(2) to (4)

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(b)f1, 2(1), 3(1), (2), (3)(a), (3)(c) and (4), 4(3) and (6) (as read with section 4(1)), 5(2)(c) (as read with section 5(1)), 5(3), 8(1)(a)f2, 12(6) and (7)f3 and 18(5), (6) and (7) of, paragraph 2 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013f4.

In accordance with section 21 of and paragraph 2(2) to Schedule 2 of that Act, the Lord Chancellor has consulted the Secretary of State and representatives of such persons as appear to him likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

The Lord Chancellor has had regard to the matters referred to in section 5(3) of the Public Service Pensions Act 2013.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 24(1)(c) of the Public Service Pensions Act 2013.

Annotations to the whole text

Footnotes

f1

See also section 1(3) and Schedule 1.

f2

See also section 8(2)(a) and (4).

f3

See also section 12(1) to (3) and (5): coming into force on 1st April 2015.

f4

2013 c. 25.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Establishment of the scheme
  5. 3Establishment and scope
  6. Part 3: Governance
  7. 4Scheme manager
  8. 5Delegation
  9. 6Judicial Pension Board: establishment
  10. 7Judicial Pension Board: membership
  11. 8Judicial Pension Board: conflicts of interest
  12. 9Scheme advisory board: establishment
  13. 10Scheme advisory board: membership
  14. 11Scheme advisory board: conflicts of interest
  15. 12Payment of fees and expenses
  16. Part 4: Scheme membership
  17. Chapter 1: Eligibility for active membership
  18. 13Qualifying judicial office
  19. 14Eligible persons
  20. 15Service in 2 or more qualifying judicial offices
  21. Chapter 2: Pensionable service
  22. 16Application of Chapter
  23. 17Enrolment
  24. 18Opting into this scheme
  25. 19When does an option in take effect
  26. 20Opting out of this scheme
  27. 21Opting out before the end of one month
  28. 22Opting out after one month
  29. Chapter 3: Pensionable earnings
  30. 23Pensionable earnings
  31. 24Meaning of “assumed pay”
  32. Chapter 4: Deferred membership
  33. 25Meaning of “deferred member”
  34. Part 5: Pension accounts
  35. Chapter 1: Preliminary
  36. 26Descriptions of accrued pension
  37. 27Descriptions of full retirement pension
  38. 28Descriptions of partial retirement pension
  39. Chapter 2: Calculation of adjustments
  40. 29Calculation of “retirement index adjustment”
  41. 30Determination of “the age addition”
  42. 31Determination of “the assumed age addition”
  43. Chapter 3: Calculation of accrued pension
  44. 32Calculation of amount of accrued pension for purpose of deferment or full retirement
  45. 33Calculation of amount of accrued pension for purpose of partial retirement
  46. Chapter 4: Pension accounts: general
  47. 34Establishment of pension accounts: general
  48. 35Closure and adjustment of pension accounts on transfer out
  49. Chapter 5: Active member’s account
  50. 36Application of Chapter
  51. 37Establishment of active member’s account
  52. 38Receipt of a transfer value payment
  53. 39Amount of pension for a scheme year
  54. 40Opening balance, index adjustment and age addition
  55. 41Closure of active member’s account
  56. Chapter 6: Deferred member’s account
  57. 42Application of Chapter
  58. 43Establishment of deferred member’s account
  59. 44Provisional amount of deferred pension
  60. 45Adjustment of provisional amount
  61. 46Closure of deferred member’s account after gap in pensionable service not exceeding 5 years
  62. Chapter 7: Full retirement account
  63. 47Establishment of full retirement account
  64. 48Amount of full retirement pension
  65. 49Closure of full retirement account
  66. Chapter 8: Partial retirement account
  67. 50Establishment of partial retirement account
  68. 51Amount of partial retirement pension
  69. Chapter 9: Pension accounts for pension credit members
  70. 52Establishment of pension credit member’s account
  71. 53Other pension accounts
  72. Part 6: Retirement benefits
  73. Chapter 1: General
  74. 54Application of Part
  75. 55Qualifying service
  76. Chapter 2: Full retirement benefits
  77. 56Entitlement to full retirement pension
  78. 57Annual rate of full retirement pension (active members)
  79. 58Annual rate of full retirement pension (deferred members)
  80. 59Full retirement pension ceases to be payable
  81. Chapter 3: Partial retirement benefits
  82. 60Exercise of partial retirement option
  83. 61Partial retirement option notice
  84. 62Option proportion
  85. 63Entitlement to partial retirement pension or full retirement pension
  86. 64Annual rate of partial retirement pension
  87. 65Annual rate of full retirement pension
  88. Chapter 4: Ill-health benefits
  89. 66Meaning of “permanent breakdown in health”
  90. 67Meaning of “incapacity for employment”
  91. 68Entitlement to ill-health pension
  92. 69Annual rate of ill-health pension
  93. 70Deferment of accrued earned pension attributable to a transfer value payment
  94. 71Deferment of added pension attributable to recent payments
  95. Chapter 5: Payment options
  96. 72Options under this Chapter
  97. 73Exercising an option under this Chapter
  98. 74Option to buy out early payment reduction
  99. 75Option to defer payment of added pension
  100. 76Option to commute part of pension
  101. 77Option to commute whole of member’s accrued pensions (serious ill-health)
  102. Chapter 6: Allocation of part of pension
  103. 78Allocation election
  104. 79Restriction on total amount of pension that may be allocated
  105. 80Making an allocation election
  106. 81Effect of allocation election
  107. 82Adjustment of allocated benefit (members who have reached the age of 75)
  108. Part 7: Benefits for pension credit members
  109. 83Entitlement to pension credit member’s pension
  110. 84Claim for early payment
  111. 85Annual rate of pension credit member’s pension
  112. 86Option to buy out early payment reduction
  113. 87Reduction in pension debit member’s benefits
  114. 88Pension credit member’s rights
  115. 89Option for pension credit member to commute part of pension
  116. 90Option for pension credit member to commute whole pension (serious ill-health)
  117. Part 8: Death benefits
  118. Chapter 1: Pensions for surviving adults
  119. 91Surviving adults
  120. 92Meaning of “surviving nominated partner”
  121. 93Meaning of “surviving adult’s pension”
  122. 94Meaning of dependant’s earned pension
  123. 95Meaning of dependant’s ill-health pension
  124. 96Meaning of “dependant’s added pension”
  125. 97Entitlement to surviving adult’s pension
  126. 98Annual rate of surviving adult’s pensions payable on death of pensioner member
  127. 99Annual rate of surviving adult’s pensions payable on death of deferred member
  128. 100Annual rate of surviving adult’s pensions payable on death of active member (death in service)
  129. 101Reduction in pensions in cases of wide age disparity
  130. Chapter 2: Pensions for eligible children
  131. 102Meaning of “eligible child’s pension”
  132. 103Meaning of “eligible child”
  133. 104Eligible child’s pension
  134. 105Annual rate of eligible child’s pension
  135. Chapter 3: Payment of pensions for surviving adults and eligible children
  136. 106Payment of pensions under this Part
  137. 107Stopping payment and recovery of pensions paid under this Part
  138. 108Provisional awards of eligible child’s pensions: later adjustments
  139. 109Adjustment of benefits to comply with FA 2004 where members die over the age of 75
  140. 110Guaranteed minimum pensions for surviving spouses and civil partners
  141. Chapter 4: Payment of lump sum death benefits
  142. 111Payment of lump sum death benefit
  143. 112Nominations for lump sum death benefits
  144. 113Invalid nominations of individuals
  145. 114Payment of lump sum death benefit to nominees or personal representatives
  146. 115Members affected by court orders to former spouses and civil partners on death
  147. 116Pension protection lump sum death benefit
  148. 117Recovery of payments
  149. 118Payment of pension instead of lump sum for members who have reached the age of 75
  150. Chapter 5: Amount of lump sum death benefits
  151. 119Meaning of “final pay”
  152. 120Meaning of “annualised final pay”
  153. 121Amount payable on death of active member (death in service)
  154. 122Amount payable on death of deferred member or pensioner member (death out of service)
  155. 123Amount payable on death of pension credit member
  156. Part 9: Contributions
  157. 124Rate of member contributions
  158. 125Amount of pensionable earnings
  159. 126Payment of member contributions
  160. 127Employers’ contributions
  161. 128Deduction of payments for extra pension under Schedule 1
  162. 129Refund of all member contributions and payments for extra pension made by the member
  163. 130Refund of payments for extra pension made by the member
  164. Part 10: Transfers
  165. Chapter 1: Preliminary
  166. 131Application of Part
  167. 132Interpretation of Part
  168. Chapter 2: Transfers out
  169. 133Transfer value payments made to other schemes or pension arrangements
  170. 134Application for a statement of entitlement
  171. 135Statement of entitlement
  172. 136Request for transfer value payment to be made
  173. 137Calculating the amount of a transfer value
  174. 138Effect of transfers-out
  175. Chapter 3: Transfers in
  176. 139Application of Chapter
  177. 140Interpretation of Chapter
  178. 141Transfer payment requests
  179. 142Transfer statement
  180. 143Amount of transferred pension
  181. Part 11: Actuarial valuations and employer cost cap
  182. 144Appointment of scheme actuary and actuarial valuations
  183. 145Employer cost cap
  184. Part 12: Supplementary
  185. Chapter 1: Dual capacity members
  186. 146Meaning of “dual capacity member”
  187. 147Payment of benefits to or in respect of a dual capacity member
  188. Chapter 2: Payment of benefits: general
  189. 148Late payment of retirement index adjustment
  190. 149Commutation of small pensions
  191. 150Guaranteed minimum pensions
  192. Chapter 3: Forfeiture and set-off
  193. 151Forfeiture: offences committed by members
  194. 152Forfeiture: offences committed by a member’s beneficiary
  195. 153Forfeiture: relevant monetary obligations and relevant monetary losses
  196. 154Set-off
  197. Chapter 4: Payment and deduction of tax
  198. 155Scheme manager to be scheme administrator for the purposes of Part 4 of Finance Act 2004
  199. 156Payment on behalf of members of lifetime allowance charge
  200. 157Reduction of benefits where lifetime allowance charge payable
  201. 158Information about payment of annual allowance charge
  202. 159Reduction of benefits where annual allowance charge paid by scheme manager
  203. Chapter 5: General
  204. 160General prohibition on unauthorised payments
  205. 161Calculation of periods of membership and service
  206. 162Determination of questions
  207. 163Evidence of entitlement
  208. 164Provision of benefit information statements to members
  209. 165Information to be provided by employers
  210. 166Transitional provisions
  211. 167Modifying provisions and amendments
  212. Signature
  213. Schedule 1: Payments for extra pension
  214. Part 1: General
  215. 1Interpretation
  216. 2Meaning of “amount of extra pension”
  217. 3Meaning of “overall limit of extra pension”
  218. 4Limit on added pension options
  219. 5Amount of accrued added pension may not exceed overall limit of extra pension
  220. 6Actuarial advice
  221. Part 2: Payments for added pension
  222. Chapter 1: Exercising the added pension option
  223. 7Added pension option exercisable by member
  224. 8Added pension option exercisable by employer or third party
  225. Chapter 2: Periodical payments for added pension
  226. 9Application of Chapter
  227. 10Member’s option to make periodical payments for added pension
  228. 11Cancellation of option by member
  229. 12Periodical payments
  230. 13Amount of added (self only) pension for a scheme year (periodical payments)
  231. 14Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
  232. Chapter 3: Lump sum payments for added pension made by member
  233. 15Application of Chapter
  234. 16Member’s option to make a lump sum payment for added pension
  235. 17Statement of amount of added pension
  236. 18Amount of added (self only) pension (lump sum payment)
  237. 19Amount of added (all beneficiaries) pension (lump sum payment)
  238. Chapter 4: Lump sum payments for added pension made by employer or third party
  239. 20Application of Chapter
  240. 21Employer or third party option to make a lump sum payment for added pension
  241. 22Amount of added (self only) pension (lump sum payment)
  242. 23Amount of added (all beneficiaries) pension (lump sum payment)
  243. Part 3: Effective pension age payments
  244. Chapter 1: Exercising the effective pension age option
  245. 24Effective pension age option exercisable by member
  246. 25Exercising the effective pension age option
  247. 26Payment of pension at effective pension age
  248. 27Member ceases to be in pensionable service under this scheme
  249. 28Cancellation of option
  250. 29Value of an effective pension age option
  251. Chapter 2: Making effective pension age payments
  252. 30Amount of periodical payments
  253. 31Periodical payment period
  254. 32Periodical payments during period of assumed pay
  255. Schedule 2: Transitional provisions
  256. Part 1: General
  257. 1Interpretation
  258. 2Meaning of “continuity of service”
  259. 3Meaning of “tapered protection closing date”
  260. 4Meaning of “active member of an existing scheme “
  261. 5Commencement of active membership of this scheme
  262. Part 2: Exceptions to section 18(1) of the Act: full protection members of an existing scheme
  263. 6Exception for full protection members during protection period
  264. 7Full protection member not eligible to join this scheme
  265. 8Members of an existing scheme on scheme closing date
  266. 9Members moving between schemes after the scheme closing date
  267. Part 3: Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme
  268. 10Exception for tapered protection members during protection period
  269. 11Tapered protection member not eligible to join this scheme
  270. 12Member of an existing scheme on scheme closing date
  271. 13Members moving between schemes after the scheme closing date
  272. Part 4: Option for tapered protection members of an existing scheme
  273. 14Option to begin pensionable service before the transition date
  274. Part 5: Payment of ill-health benefits to transition members with continuity of service
  275. 15Transition member who has not reached normal pension age under an existing scheme
  276. Part 6: Payment of death benefits in respect of transition members with continuity of service
  277. 16Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service
  278. 17Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service
  279. 18Death in service lump sum
  280. 19Death out of service lump sum
  281. Part 7: Transitional provisions relating to an existing scheme
  282. 20Pensionable service under an existing scheme
  283. 21Repayment of contributions under the existing scheme
  284. 22Qualifying for retirement benefits under the existing scheme
  285. 23Nomination under the existing scheme continues to have effect
  286. Schedule 3: Modifying provisions and amendments
  287. Part 1: Modification of contracting-out provisions
  288. 1Application of this Part
  289. 2Contracting-out
  290. Part 2: Modification of early leaver and other provisions
  291. 3Application of this Part
  292. 4Certification
  293. 5Preservation of benefit
  294. 6Revaluation of preserved benefit
  295. 7Protection of increases in guaranteed minimum pensions
  296. 8Protection of increases in guaranteed minimum pensions after abolition of contracting-out
  297. 9Transfer values
  298. 10Transfer values regulations
  299. 11Cash transfers and contribution refunds
  300. Part 3: Amendments
  301. 12Amendments to the Judicial Pensions and Retirement Act 1993
  302. 13Amendments to the Judicial Pensions Act 1981
  303. Explanatory note