Regulation 9 Opted-out members and active members

(1)

A member (“P”) is an “opted-out member” of the principal scheme on any day if P—

(a)

has, on or before that day, opted out of the principal scheme under regulation 10; and

(b)

has not opted back in under regulation 11.

(2)

If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.

F1(2A)

If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member.

F2(2B)

If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member.

(3)

P is an “active member” of the principal scheme on any day if—

(a)

P is not an opted-out member;

(b)

P holds an eligible fee-paid judicial office on that day; and

(c)

if P had received a fee in P's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day F3or a service credit day.

Annotations

Textual amendments

F1: Reg. 9(2A) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 10(a)
F2: Reg. 9(2B) inserted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 10
F3: Words in reg. 9(3)(c) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 10(b)

Notes on Part 2

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)