Regulation 11J Annual rate of preserved pensionF1

The annual rate of preserved pension to which a member (“P”) is entitled under regulation 11I is determined under paragraph (3) or (5) (whichever applies).

Paragraph (3) applies where, on retirement—

The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate in relation to each relevant office in accordance with the following formula—

  $$\left(\genfrac{}{}{0.1ex}{}{\mathrm{N}}{\mathrm{JS}}\times \mathrm{AF}\times \mathrm{S}\right)\times \frac{\mathrm{Z}}{\mathrm{Z}+\mathrm{Y}}$$

  where—

  • N is the reckonable service which P accrued, in the relevant office, before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply

  • JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

    1. (i)

       15 years for offices in Tables 1 or 2 in Schedule 1, and

    2. (ii)

       20 years for offices in Table 3 in Schedule 1

  • AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service as if P had continued to hold that office until the date on which P reaches the normal pension age applicable for that office, subject to a maximum of—

    1. (i)

       15 years for offices in Tables 1 or 2 in Schedule 1, and

    2. (ii)

       20 years for offices in Table 3 in Schedule 1

  • S is the appropriate annual salary of the judicial office held by P immediately before retirement

  • Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met

  • Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age for the relevant office.

• Step 2

  Add together the annual rates determined under Step 1.

Paragraph (5) applies where—

The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  1. (i)

     that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  2. (ii)

     P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) of this regulation in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  1. (i)

     where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  2. (ii)

     where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

Paragraph (7) applies where—

For the purposes of paragraph (5)—