# The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 (Amendment) Regulations 2017, Regulation 10: Substitution of regulation 2.28 (Leaving the scheme)


For regulation 2.28 substitute—
“2.28. (1) A member may cease to be a member of the scheme in relation to all or part of the accrued benefits at any time before those benefits are paid under regulation 2.24 by requesting the administrators to (in such a manner as may, subject to Chapters 1 and 2 of Part 4ZA of the Pension Schemes Act 1993 or to Chapters 1 and 2 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993, be specified by the administrators) take one of the actions in paragraphs (2)(a) to (d).
(2) The actions referred to in paragraph (1) are—
(a) to transfer all or part of the value of the member’s accrued benefits to any other registered scheme or a qualifying recognised overseas pension scheme in which the member is participating (provided that the other pension scheme is willing and able to accept such a transfer value);
(b) to use all or part of the member’s accrued benefits to purchase one or more insurance policies of the type described in section 95(2)(c) of the Pension Schemes Act 1993 or section 91(2)(c) of the Pension Schemes (Northern Ireland) Act 1993;
(c) if the member’s service, together with any service whilst a member of a previous employer’s pension scheme from which a transfer value has been paid to this scheme, totals less than two years, to pay the member the value of the member’s accrued benefits;
(d) to use all or part of the member’s accrued benefits in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 Act.
(3) Without prejudice to the effect of section 95(1) and (9) and section 99 of the Pension Schemes Act 1993 and section 91(1) and (9) and section 95 of the Pension Schemes (Northern Ireland) Act 1993, where all or part of the value of a member’s accrued benefits is paid out from the scheme the administrators will be discharged from any obligation to provide any benefits under the scheme in relation to the value paid out, but the member may cease to be a member in relation to all or part of the remaining value in accordance with this regulation.”.

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Source: https://www.legislation.gov.uk/uksi/2017/208/regulation/10 (the official version)
Page: https://openlegislation.uk/judicial-pensions-additional-voluntary-contributions-regulations-1995-amendment-regulations-2017/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.