Regulation 3 Judicial office, retirement and partial retirement

(1)

In these Regulations—

(a)

“judicial office” means an office specified in column 1 of F1any of the tables in Schedule 1 (“a specified office”), an office which has been replaced by a specified office, or an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 F2;

(b)

“fee-paid judicial office” means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary).

(2)

For the purposes of these Regulations, a fee-paid judicial office held by a person (“P”) is an “eligible fee-paid judicial office” if P satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office.

(3)

For the purposes of these Regulations, P “retires” at the time when P, having held one or more judicial offices—

(a)

ceases to hold all such offices, other than by reason of P's death; and

(b)

is not immediately afterwards appointed to another judicial office.

(4)

In these Regulations, a reference to a member taking “partial retirement” in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2).

Annotations

Textual amendments

F1: Words in reg. 3(1)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 4
F2: Schedule 1 was amended by paragraphs 39 and 40 of Schedule 11 to the Access to Justice Act 1999 (c.22); section 37 of, and paragraphs 226 and 229 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); S.I. 2015/109.

Notes on Part 1

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)