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The Judicial Pensions Regulations 2015

S.I. 2015/182 · Made 9 February 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 17 December 2024.

Public Service Pensions

Made 9th February 2015

Coming into force in accordance with regulation 1(2) to (4)

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(b)f1, 2(1), 3(1), (2), (3)(a), (3)(c) and (4), 4(3) and (6) (as read with section 4(1)), 5(2)(c) (as read with section 5(1)), 5(3), 8(1)(a)f2, 12(6) and (7)f3 and 18(5), (6) and (7) of, paragraph 2 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013f4.

In accordance with section 21 of and paragraph 2(2) to Schedule 2 of that Act, the Lord Chancellor has consulted the Secretary of State and representatives of such persons as appear to him likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

The Lord Chancellor has had regard to the matters referred to in section 5(3) of the Public Service Pensions Act 2013.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 24(1)(c) of the Public Service Pensions Act 2013.C1C2C3

Annotations to the whole text

Modifications

C1

Regulations modified (1.4.2017) by The Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522), reg. 49(5)

C2

Regulations modified (temp.) (1.4.2017) by The Judicial Pensions (Amendment) Regulations 2017 (S.I. 2017/508), reg. 2(4)

C3

Regulations restricted (10.3.2022 for specified purposes and 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 91, 131(1)(2)(f)

Footnotes

f1

See also section 1(3) and Schedule 1.

f2

See also section 8(2)(a) and (4).

f3

See also section 12(1) to (3) and (5): coming into force on 1st April 2015.

f4

2013 c. 25.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Establishment of the scheme
  5. 3Establishment and scope
  6. Part 3: Governance
  7. 4Scheme manager
  8. 5Delegation
  9. 6Judicial Pension Board: establishment
  10. 7Judicial Pension Board: membership
  11. 8Judicial Pension Board: conflicts of interest
  12. 9Scheme advisory board: establishment
  13. 10Scheme advisory board: membership
  14. 11Scheme advisory board: conflicts of interest
  15. 12Payment of fees and expenses
  16. Part 4: Scheme membership
  17. Chapter 1: Eligibility for active membership
  18. 13Qualifying judicial office
  19. 13AQualifying judicial offices with retrospective entitlements
  20. 14Eligible persons
  21. 15Service in 2 or more qualifying judicial offices
  22. Chapter 2: Pensionable service
  23. 16Application of Chapter
  24. 17Enrolment
  25. 18Opting into this scheme
  26. 19When does an option in take effect
  27. 20Opting out of this scheme
  28. 21Opting out before the end of one month
  29. 22Opting out after one month
  30. Chapter 3: Pensionable earnings
  31. 23Pensionable earnings
  32. 24Meaning of “assumed pay”
  33. Chapter 4: Deferred membership
  34. 25Meaning of “deferred member”
  35. Part 5: Pension accounts
  36. Chapter 1: Preliminary
  37. 26Descriptions of accrued pension
  38. 27Descriptions of full retirement pension
  39. 28Descriptions of partial retirement pension
  40. Chapter 2: Calculation of adjustments
  41. 29Calculation of “retirement index adjustment”
  42. 30Determination of “the age addition”
  43. 31Determination of “the assumed age addition”
  44. Chapter 3: Calculation of accrued pension
  45. 32Calculation of amount of accrued pension for purpose of deferment or full retirement
  46. 33Calculation of amount of accrued pension for purpose of partial retirement
  47. Chapter 4: Pension accounts: general
  48. 34Establishment of pension accounts: general
  49. 35Closure and adjustment of pension accounts on transfer out
  50. Chapter 5: Active member’s account
  51. 36Application of Chapter
  52. 36APurported transfer value payment
  53. 37Establishment of active member’s account
  54. 38Receipt of a transfer value payment
  55. 38ATransfer value payment or purported transfer value payment in respect of judges with remediable service
  56. 38BPurported transfer value payment in respect of relevant fee-paid judges
  57. 39Amount of pension for a scheme year
  58. 40Opening balance, index adjustment and age addition
  59. 41Closure of active member’s account
  60. Chapter 6: Deferred member’s account
  61. 42Application of Chapter
  62. 43Establishment of deferred member’s account
  63. 44Provisional amount of deferred pension
  64. 45Adjustment of provisional amount
  65. 46Closure of deferred member’s account after gap in pensionable service not exceeding 5 years
  66. Chapter 7: Full retirement account
  67. 47Establishment of full retirement account
  68. 48Amount of full retirement pension
  69. 49Closure of full retirement account Repealed
  70. Chapter 8: Partial retirement account
  71. 50Establishment of partial retirement account
  72. 51Amount of partial retirement pension
  73. Chapter 9: Pension accounts for pension credit members
  74. 52Establishment of pension credit member’s account
  75. 53Other pension accounts
  76. Part 6: Retirement benefits
  77. Chapter 1: General
  78. 54Application of Part
  79. 55Qualifying service
  80. Chapter 2: Full retirement benefits
  81. 56Entitlement to full retirement pension
  82. 57Annual rate of full retirement pension (active members)
  83. 58Annual rate of full retirement pension (deferred members)
  84. 59Full retirement pension ceases to be payable Repealed
  85. Chapter 3: Partial retirement benefits
  86. 60Exercise of partial retirement option
  87. 61Partial retirement option notice
  88. 62Option proportion
  89. 63Entitlement to partial retirement pension or full retirement pension
  90. 64Annual rate of partial retirement pension
  91. 65Annual rate of full retirement pension
  92. Chapter 4: Ill-health benefits
  93. 66Meaning of “permanent breakdown in health”
  94. 67Meaning of “incapacity for employment”
  95. 68Entitlement to ill-health pension
  96. 69Annual rate of ill-health pension
  97. 70Deferment of accrued earned pension attributable to a transfer value payment
  98. 71Deferment of added pension attributable to recent payments
  99. Chapter 5: Payment options
  100. 72Options under this Chapter
  101. 73Exercising an option under this Chapter
  102. 74Option to buy out early payment reduction
  103. 75Option to defer payment of added pension
  104. 76Option to commute part of pension
  105. 77Option to commute whole of member’s accrued pensions (serious ill-health)
  106. Chapter 6: Allocation of part of pension
  107. 78Allocation election
  108. 79Restriction on total amount of pension that may be allocated
  109. 80Making an allocation election
  110. 81Effect of allocation election
  111. 82Adjustment of allocated benefit (members who have reached the age of 75)
  112. Part 7: Benefits for pension credit members
  113. 83Entitlement to pension credit member’s pension
  114. 84Claim for early payment
  115. 85Annual rate of pension credit member’s pension
  116. 86Option to buy out early payment reduction
  117. 87Reduction in pension debit member’s benefits
  118. 88Pension credit member’s rights
  119. 89Option for pension credit member to commute part of pension
  120. 90Option for pension credit member to commute whole pension (serious ill-health)
  121. Part 8: Death benefits
  122. Chapter 1: Pensions for surviving adults
  123. 91Surviving adults
  124. 92Meaning of “surviving nominated partner”
  125. 93Meaning of “surviving adult’s pension”
  126. 94Meaning of dependant’s earned pension
  127. 95Meaning of dependant’s ill-health pension
  128. 96Meaning of “dependant’s added pension”
  129. 97Entitlement to surviving adult’s pension
  130. 98Annual rate of surviving adult’s pensions payable on death of pensioner member
  131. 99Annual rate of surviving adult’s pensions payable on death of deferred member
  132. 100Annual rate of surviving adult’s pensions payable on death of active member (death in service)
  133. 101Reduction in pensions in cases of wide age disparity
  134. Chapter 2: Pensions for eligible children
  135. 102Meaning of “eligible child’s pension”
  136. 103Meaning of “eligible child”
  137. 104Eligible child’s pension
  138. 105Annual rate of eligible child’s pension
  139. Chapter 3: Payment of pensions for surviving adults and eligible children
  140. 106Payment of pensions under this Part
  141. 107Stopping payment and recovery of pensions paid under this Part
  142. 108Provisional awards of eligible child’s pensions: later adjustments
  143. 109Adjustment of benefits to comply with FA 2004 where members die over the age of 75
  144. 110Guaranteed minimum pensions for surviving spouses and civil partners
  145. Chapter 4: Payment of lump sum death benefits
  146. 111Payment of lump sum death benefit
  147. 112Nominations for lump sum death benefits
  148. 113Invalid nominations of individuals
  149. 114Payment of lump sum death benefit to nominees or personal representatives
  150. 115Members affected by court orders to former spouses and civil partners on death
  151. 116Pension protection lump sum death benefit
  152. 117Recovery of payments
  153. 118Payment of pension instead of lump sum for members who have reached the age of 75
  154. Chapter 5: Amount of lump sum death benefits
  155. 119Meaning of “final pay”
  156. 120Meaning of “annualised final pay”
  157. 121Amount payable on death of active member (death in service)
  158. 122Amount payable on death of deferred member or pensioner member (death out of service)
  159. 123Amount payable on death of pension credit member
  160. Part 9: Contributions
  161. 124Rate of member contributions
  162. 125Amount of pensionable earnings
  163. 126Payment of member contributions
  164. 127Employers’ contributions
  165. 128Deduction of payments for extra pension under Schedule 1
  166. 129Refund of all member contributions and payments for extra pension made by the member
  167. 130Refund of payments for extra pension made by the member
  168. Part 10: Transfers
  169. Chapter 1: Preliminary
  170. 131Application of Part
  171. 132Interpretation of Part
  172. Chapter 2: Transfers out
  173. 133Transfer value payments made to other schemes or pension arrangements
  174. 134Application for a statement of entitlement
  175. 135Statement of entitlement
  176. 136Request for transfer value payment to be made
  177. 137Calculating the amount of a transfer value
  178. 138Effect of transfers-out
  179. Chapter 3: Transfers in
  180. 139Application of Chapter
  181. 140Interpretation of Chapter
  182. 141Transfer payment requests
  183. 142Transfer statement
  184. 143Amount of transferred pension
  185. Part 11: Actuarial valuations and employer cost cap
  186. 144Appointment of scheme actuary and actuarial valuations Repealed
  187. 145Employer cost cap
  188. Part 12: Supplementary
  189. Chapter 1: Dual capacity members
  190. 146Meaning of “dual capacity member”
  191. 147Payment of benefits to or in respect of a dual capacity member
  192. Chapter 2: Payment of benefits: general
  193. 148Late payment of retirement index adjustment
  194. 149Commutation of small pensions
  195. 150Guaranteed minimum pensions
  196. Chapter 3: Forfeiture and set-off
  197. 151Forfeiture: offences committed by members
  198. 152Forfeiture: offences committed by a member’s beneficiary
  199. 153Forfeiture: relevant monetary obligations and relevant monetary losses
  200. 154Set-off
  201. Chapter 4: Payment and deduction of tax
  202. 155Scheme manager to be scheme administrator for the purposes of Part 4 of Finance Act 2004
  203. 156Payment on behalf of members of lifetime allowance charge
  204. 157Reduction of benefits where lifetime allowance charge payable
  205. 158Information about payment of annual allowance charge
  206. 159Reduction of benefits where annual allowance charge paid by scheme manager
  207. Chapter 5: General
  208. 160General prohibition on unauthorised payments
  209. 161Calculation of periods of membership and service
  210. 162Determination of questions
  211. 163Evidence of entitlement
  212. 164Provision of benefit information statements to members
  213. 165Information to be provided by employers
  214. 166Transitional provisions
  215. 167Modifying provisions and amendments
  216. 168Financial provision
  217. Signature
  218. Schedule 1: Payments for extra pension
  219. Part 1: General
  220. 1Interpretation
  221. 2Meaning of “amount of extra pension”
  222. 3Meaning of “overall limit of extra pension”
  223. 4Limit on added pension options
  224. 5Amount of accrued added pension may not exceed overall limit of extra pension
  225. 6Actuarial advice
  226. Part 2: Payments for added pension
  227. Chapter 1: Exercising the added pension option
  228. 7Added pension option exercisable by member
  229. 8Added pension option exercisable by employer or third party
  230. Chapter 2: Periodical payments for added pension
  231. 9Application of Chapter
  232. 10Member’s option to make periodical payments for added pension
  233. 11Cancellation of option by member
  234. 12Periodical payments
  235. 13Amount of added (self only) pension for a scheme year (periodical payments)
  236. 14Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
  237. Chapter 3: Lump sum payments for added pension made by member
  238. 15Application of Chapter
  239. 16Member’s option to make a lump sum payment for added pension
  240. 17Statement of amount of added pension
  241. 18Amount of added (self only) pension (lump sum payment)
  242. 19Amount of added (all beneficiaries) pension (lump sum payment)
  243. Chapter 4: Lump sum payments for added pension made by employer or third party
  244. 20Application of Chapter
  245. 21Employer or third party option to make a lump sum payment for added pension
  246. 22Amount of added (self only) pension (lump sum payment)
  247. 23Amount of added (all beneficiaries) pension (lump sum payment)
  248. Chapter 5: Deemed membership for added pension payments
  249. 23AAdded pension payment or purported added pension payment in respect of judges with remediable service
  250. 23BPurported added pension in respect of relevant fee-paid judges
  251. Part 3: Effective pension age payments
  252. Chapter 1: Exercising the effective pension age option
  253. 24Effective pension age option exercisable by member
  254. 25Exercising the effective pension age option
  255. 26Payment of pension at effective pension age
  256. 27Member ceases to be in pensionable service under this scheme
  257. 28Cancellation of option
  258. 29Value of an effective pension age option
  259. Chapter 2: Making effective pension age payments
  260. 30Amount of periodical payments
  261. 31Periodical payment period
  262. 32Periodical payments during period of assumed pay
  263. Schedule 2: Transitional provisions
  264. Part 1: General
  265. 1Interpretation
  266. 2Meaning of “continuity of service”
  267. 3Meaning of “tapered protection closing date”
  268. 4Meaning of “active member of an existing scheme “
  269. 5Commencement of active membership of this scheme
  270. Part 2: Exceptions to section 18(1) of the Act: full protection members of an existing scheme
  271. 6Exception for full protection members during protection period
  272. 7Full protection member not eligible to join this scheme
  273. 8Members of an existing scheme on scheme closing date
  274. 9Members moving between schemes after the scheme closing date
  275. 9AMembers with previous service in a fee-paid office
  276. Part 3: Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme
  277. 10Exception for tapered protection members during protection period
  278. 11Tapered protection member not eligible to join this scheme
  279. 12Member of an existing scheme on scheme closing date
  280. 13Members moving between schemes after the scheme closing date
  281. 13AMembers with previous service in a fee-paid office
  282. Part 4: Option for tapered protection members of an existing scheme
  283. 14Option to begin pensionable service before the transition date
  284. Part 5: Payment of ill-health benefits to transition members with continuity of service
  285. 15Transition member who has not reached normal pension age under a relevant scheme
  286. Part 6: Payment of death benefits in respect of transition members with continuity of service
  287. 16Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service
  288. 17Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service
  289. 18Death in service lump sum
  290. 19Death out of service lump sum
  291. Part 7: Transitional provisions relating to relevant schemes
  292. 20Pensionable service under an existing scheme
  293. 21Repayment of contributions under a relevant scheme
  294. 22Qualifying for retirement benefits under the existing scheme
  295. 23Nomination under a relevant scheme continues to have effect
  296. Schedule 3: Modifying provisions and amendments
  297. Part 1: Modification of contracting-out provisions
  298. 1Application of this Part
  299. 2Contracting-out
  300. Part 2: Modification of early leaver and other provisions
  301. 3Application of this Part
  302. 4Certification
  303. 5Preservation of benefit
  304. 6Revaluation of preserved benefit
  305. 7Protection of increases in guaranteed minimum pensions
  306. 8Protection of increases in guaranteed minimum pensions after abolition of contracting-out
  307. 9Transfer values
  308. 10Transfer values regulations
  309. 11Cash transfers and contribution refunds
  310. Part 3: Amendments
  311. 12Amendments to the Judicial Pensions and Retirement Act 1993
  312. 13Amendments to the Judicial Pensions Act 1981
  313. Explanatory note