Regulation 11G Retirement under normal pension age on removal from judicial office: entitlement to reduced pensionF1

(1)

This regulation applies to a member (“P”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a)

P retires by virtue of having been removed from all judicial offices held by P;

(b)

on the day on which P retires, P has not reached normal pension age for one or more relevant offices; and

(c)

the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme in relation to the relevant offices be given immediate effect.

(2)

The administrators must notify P of the recommendation under paragraph (1)(c).

(3)

If P elects in writing to the administrators within 3 months of receiving the notice referred to in paragraph (2), that P wishes to receive benefits under this regulation—

(a)

P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of the relevant offices; and

(b)

P also becomes entitled, on that day, to the amount P would have been entitled to in respect of the relevant offices if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

(4)

In this regulation “the pension start day” means—

(a)

the day after the day on which P retires; or

(b)

if later, the amendment day.

Annotations

Textual amendments

F1: Pts. 2A, 2B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 12