Regulation 17 Retirement under the normal pension age: entitlement to preserved pension

(1)

This regulation applies where—

(a)

F1P retires (whether before, on or after the commencement day);

(b)

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

(i)

the appropriate Minister makes a recommendation under regulation 15(1)(c), and

(ii)

P does not make an election under regulation 15(3); and

(c)

on the day on which P retires, P—

(i)

has not reached normal pension age F2for one or more relevant offices,

(ii)

has at least 2 years' qualifying judicial service; and

(iii)

is not entitled to a pension under regulation 14.

(2)

On the pension start day, P becomes entitled to the payment for life of a pension F3in respect of the relevant offices.

C1(3)

In this regulation “the pension start day” means—

(a)

the day on which P—

(i)

reaches the age of 65, or

(ii)

(if later) would have completed five years' qualifying judicial service, if P had continued to hold a judicial office; or

(b)

if later, the commencement day.

Annotations

F1: Word in reg. 17(1)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 19(a)(i)
F2: Words in reg. 17(1)(c)(i) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 19(a)(ii)
F3: Words in reg. 17(2) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 19(b)

C1: Reg. 17(3) applied (with modifications) (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 71(5)

F1: Words in Pt. 3 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 13

C1: Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)