Regulation 4.13 Refund of contributions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.4.13(3) amended by Judicial Pensions (Additional Voluntary Contributions) 1996 reg.15(b)
reg.4.13(7) added by Judicial Pensions (Additional Voluntary Contributions) 1996 reg.15(c)
reg.4.13(2) amended by Judicial Pensions (Additional Voluntary Contributions) 1996 reg.15(a)
reg. 4.13 words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 5 para. 13(2)
reg. 4.13(1) words substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 5 para. 13(3)
reg. 4.13(5) substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 5 para. 13(4)
reg 4.13 am by Judicial Pensions (Additional Voluntary Contributions) 2006 reg 34

(1)

If a member who has bought added years or added units of benefit under the JAYS or the JABS is both unmarried and has no eligible children at the time that he retires, dies or otherwise leaves his judicial pension scheme, he shall be entitled to a refund in accordance with this regulation.

(2)

Where paragraph (1) applies, the amount to be refunded to a member of the JAYS shall be calculated by applying the percentage figure ascertained in accordance with the formula A/B to the pension capped salary he received for the period from the date he last ceased to have either a spouse or eligible children until the date of retirement where —

(i)

A is the family benefits percentage figure which corresponds to the length of time between the date agreed under regulation 4.6(3) and the member’s date of retirement and which is set out in the table in Schedule 1 is appropriate to the salary group of the member at the date of his first contribution; and

(ii)

B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places).

(3)

Where paragraph (1) applies, the amount to be refunded to a member of the JABS shall be calculated by applying the percentage figure ascertained in accordance with the formula A/B to the pension capped salary he received during the period from the date he last ceased to have either a spouse or eligible children until the date of retirement where —

(i)

A is the family benefits percentage figure set out in the appropriate table in Schedule 3 which corresponds to the length of time between the date agreed under regulation 4.6(3) and the member’s date of retirement; and

(ii)

B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places).

(4)

Schedule 4 to these Regulations shall apply for the purposes of determining which of the tables in Schedule 3 is appropriate to the member.

(5)

Where the spouse of a member who has bought added units of surviving spouse’s pension dies or is divorced before the member ceases to be a member of the scheme constituted under Part 1 of the 1993 Act, contributions to the JASSPS shall not be refunded.

(6)

Refunds made under this regulation shall be —

(a)

paid with compound interest at the rate announced annually by the Treasury in relation to the PCSPS and which is based on average building society interest rates; and

(b)

subject to a deduction of the appropriate amount in respect of tax charged under section 598 of the 1988 Act.