# The Judicial Pensions (Fee-Paid Judges) Regulations 2017, Regulation 128T: Variation of added years purchase upon notice by member


(1) Paragraphs (2) to (6) apply where a retired FPJAYS member entered into an agreement to purchase added years before the amendment day.
(2) Subject to paragraph (3), a retired FPJAYS member may increase or decrease the number of added years that they agreed to purchase by giving notice in writing to the administrators before 1st April 2027 (or by such later date as the administrators may agree).
(3) A retired FPJAYS member may not increase the number of added years that they agreed to purchase to a number that would exceed the maximum number of added years specified in regulation 106(2).
(4) The following provisions apply as if the retired FPJAYS member had included the variation referred to in their notice under paragraph (2) in the number of added years they said that they would like to purchase in their original notice under regulation 104(2)—
(a) regulation 105(1) (assumed contribution commencement date);
(b) regulation 106(2) (maximum number of added years);
(c) regulation 107 (contributions by retired FPJAYS members);
(d) regulation 108 (retired FPJAYS members: maximum contributions); and
(e) regulation 109 (valuation of benefits for retired FPJAYS members).
(5) If, as a result of the variation, the total contributions payable are higher than before the variation, the retired FPJAYS member must pay the additional amount by lump sum payment to the administrators, within 12 months of the date on which the member served notice under paragraph (2).
(6) If, as a result of the variation, the total contributions payable are lower than before the variation, the retired FPJAYS member is entitled to a refund of the excess contributions together with interest.
(7) Paragraphs (8) to (13) apply where an unretired FPJAYS member entered into an agreement to purchase added years before the amendment day.
(8) Subject to paragraph (9), an unretired FPJAYS member may increase or decrease the number of added years that they agreed to purchase by giving notice in writing to the administrators before 1st April 2027 (or by such later date as the administrators may agree).
(9) An unretired FPJAYS member may not increase the number of added years that they agreed to purchase to a number that would exceed the maximum number of added years specified in regulation 106(2).
(10) The following provisions apply as if the unretired FPJAYS member had included the variation referred to in their notice under paragraph (8) in the number of added years they said that they would like to purchase in their original notice under regulation 104(2)—
(a) regulation 110(1)(a) (assumed contribution commencement date);
(b) regulation 110(1)(b) (assumed retirement age);
(c) regulation 110(3) (maximum number of added years);
(d) regulation 111 (contributions by active FPJAYS members);
(e) regulation 112 (valuation of benefits for active FPJAYS members); and
(f) regulation 113 (refund of contributions).
(11) If, as a result of the variation, the total contributions payable are higher than before the variation, the unretired FPJAYS member must either—
(a) agree to an increase to their periodic contributions so that the appropriate amount is payable by the time of their assumed retirement date; or
(b) pay the additional amount by lump sum payment to the administrators, within 12 months of the date on which the member served notice under paragraph (8).
(12) If, as a result of the variation, the total contributions payable are lower than before the variation—
(a) an unretired FPJAYS member who made lump sum contributions is entitled to a refund of excess contributions together with interest; and
(b) for an unretired FPJAYS member who is making periodic contributions, those periodic contributions are reduced so that the appropriate amount of contributions is payable by the time of their assumed retirement date.
(13) An unretired FPJAYS member who has ceased to make periodic contributions may give a notice under paragraph (8) to vary the number of added years that they originally agreed to purchase but that notice has effect only if that member also makes an application under regulation 112(6) as modified by paragraph (14), which is accepted by the administrators.
(14) Regulation 112(6) applies in relation to a member of the description in paragraph (13) as if sub-paragraphs (b) and (c) were omitted.

---
Source: https://www.legislation.gov.uk/uksi/2017/522/regulation/128T (the official version)
Page: https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-128T
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.