Regulation 12 Contributions liability period

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

reg. 12(3) words substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(2)(a)
reg. 12(3) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(2)(b)
reg. 12(4) words substituted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(3)(a)
reg. 12(4) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(3)(b)
reg. 12(5) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(4)
reg. 12(6) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(5)
reg. 12(7) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(6)
reg. 12(8) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(7)
reg. 12(9)(a) words inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(8)
reg. 12(11) inserted by Civil Partnership (Judicial Pensions and Church Pensions, etc.) 2005 Sch. 4 para. 15(9)

(1)

When an office holder ceases to hold qualifying judicial office, his contributions liability period shall be assessed in accordance with this regulation.

(2)

For the purposes of this regulation, where an office holder has had both a last existing scheme and one or more former schemes, the date of commencement of notional service shall be calculated on the basis that—

(a)

that part of his notional service which relates to the former scheme of which he was a member immediately before entering the last existing scheme ends on the day immediately before the first day of notional service attributable to the last existing scheme; and

(b)

each part of his notional service which relates to a previous former scheme ends on the day immediately before the first day of notional service attributable to the former scheme of which he was next a member;

with the result that no periods of notional service overlap and his total period of notional service is continuous.

(3)

An office holder shall have no contributions liability period if—

(a)

he is unmarried at the date that he ceases to hold qualifying judicial office; and

(b)

he has never had either a spouse or eligible children during his period of actual service in such office.

(4)

The contributions liability period of an office holder who—

(a)

at the date he ceases to hold qualifying judicial office, is unmarried and has no eligible children; but

(b)

during some period or periods of his service in such office has had either a spouse or eligible children;

shall be calculated in accordance with paragraphs (5) to (7) subject, in each case, to a maximum of 20 years.

(5)

The contributions liability period of an office holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of a former scheme shall be calculated by—

(a)

ascertaining his period of actual service in each former scheme up to the date he last ceased to have either a spouse or eligible children;

(b)

multiplying each such period of service by the factor, determined in accordance with regulations 4 and 6 of the Transfer Regulations, used to convert actual service in the former scheme in question into a period of notional service in the Part I scheme; and

(c)

adding together the resulting figures for each former scheme.

(6)

The contributions liability period of an office holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of a last existing scheme shall be calculated by—

(a)

ascertaining his period of actual service in each former scheme and multiplying each period of service by the factor, determined in accordance with regulations 4 and 6 of the Transfer Regulations, used to convert actual service in the former scheme in question into a period of notional service in that Part I scheme;

(b)

ascertaining his period of actual service in the last existing scheme up to the date he last ceased to have either a spouse or eligible children and multiplying it by the factor, determined in accordance with regulations 4 and 5 of the Transfer Regulations, used to convert actual service in the last existing scheme into a period of notional service in the Part I scheme; and

(c)

adding together the resulting figures for each former scheme and the last existing scheme.

(7)

The contributions liability period of an offfice holder to whom paragraph (4) applies and who last ceased to have either a spouse or eligible children while a member of the Part I scheme shall be the total period of notional service and actual service in the Part I scheme up to the date he last ceased to have either a spouse or eligible children.

(8)

The contributions liability period of an office holder who is married at the date of his retirement or death in service shall be the total period of his notional service and actual service in the Part I scheme, subject to a maximum of 20 years beginning with the date of commencement of his notional service.

(9)

The contributions liability period of an office holder who—

(a)

is married at the date he ceases to hold qualifying judicial office;

(b)

ceases to hold such office before attaining his normal pension age; and

(c)

is eligible for preserved pension benefits under a preservation order;

shall be the total period of his notional service and actual service in the Part I scheme subject to a maximum of 20 years beginning with the date of commencement of his notional service, but subject to paragraph (10) below.

(10)

In respect of an office holder to whom paragraph (9) applies, where the period between the commencement of notional service and his normal pension age exceeds 20 years, the contributions liability period shall be the period that is determined in accordance with paragraph (9) multiplied by 20/X where X is the period (expressed in years and fractions of a year) between the commencement of notional service and his normal pension age.