Regulation 28 Effect of partial retirement

(1)

Where a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), P is treated for the purposes of the relevant provisions as if P had retired on the day on which P ceased to hold the relevant office.

(2)

In this regulation “the relevant provisions” means—

(a)

Part 3 (retirement benefits) apart from regulation 26 (multiple retirements), F1...

(b)

Part 6 (death benefits).

F2(c)

Part 2A, and

(d)

Part 2B (apart from regulation 11O).

(3)

In the application of the relevant provisions in relation to P's deemed retirement under paragraph (1), P is treated as having reckonable service only in the relevant office.

(4)

The application of the relevant provisions in relation to P's deemed retirement under paragraph (1) (and P's pension under Part 3 in respect of that deemed retirement) does not prevent their application in relation to P's actual retirement (and P's pension under Part 3 in respect of that retirement).

(5)

In the application of the relevant provisions in relation to P's actual retirement, P is treated as having no reckonable service in the relevant office.

Annotations

Textual amendments

F1: Word in reg. 28(2) omitted (1.4.2023) by virtue of The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 27
F2: Reg. 28(2)(c)(d) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 27

Notes on Part 4

Modifications

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)