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The Judicial Pensions Regulations 2022

S.I. 2022/319 · Made 17 March 2022 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2025.

Regulations laid before Parliament under section 107 of the Public Service Pensions and Judicial Offices Act 2022, for approval by resolution of each House of Parliament within 28 days beginning with the day on which the Regulations were made, subject to extension for periods of dissolution, prorogation or adjournment during which either House is adjourned for more than four days.

Public Service Pensions

Made at 9.21 a.m. on 17th March 2022

Laid before Parliament at 3.00 p.m. on 17th March 2022

Coming into force in accordance with regulation 1

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(b)f1, 2(1), 3(1), (2), (3), (4) and (4A), 8(1)(a)f2, 11(1)(a), 12(1), (1A), (6) and (7), 12A(1) and 39(1) of, and paragraph 2 of Schedule 2, Schedule 3, and paragraphs 1(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013f3 (“the 2013 Act”).

The Lord Chancellor and Secretary of State also make the following Regulations in exercise of the power conferred by paragraph 2 of Schedule 1 to the 2013 Act.

In accordance with section 21 and paragraph 2(2) to Schedule 2 of the 2013 Act, the Lord Chancellor has consulted the Secretary of State and representatives of such persons as appear to the Lord Chancellor likely to be affected by these Regulations.

In accordance with section 3(5) of the 2013 Act, the Lord Chancellor obtained the consent of the Treasury before making these Regulations.

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

Annotations to the whole text

Footnotes

f1

See also section 1(3) and Schedule 1.

f2

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

f3

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. 6Payment of fees and expenses
  10. Part 4: Scheme membership
  11. Chapter 1: Eligibility for active membership
  12. 7Qualifying judicial office
  13. 7AQualifying judicial offices with retrospective entitlements
  14. 8Eligible persons
  15. 9Service in two or more qualifying judicial offices
  16. Chapter 2: Pensionable service
  17. 10Application of Chapter
  18. 11Enrolment
  19. 12Opting out of this scheme
  20. 13Opting out before the end of one month
  21. 14Opting out after one month
  22. 15Opting into this scheme
  23. Chapter 3: Pensionable earnings
  24. 16Pensionable earnings
  25. 17Meaning of “assumed pay”: salaried office holders
  26. 18Meaning of “assumed pay”: fee-paid office holders
  27. Chapter 4: Deferred membership
  28. 19Meaning of “deferred member”
  29. 20Refund of all member contributions made by the member
  30. Part 5: Pension accounts
  31. Chapter 1: Calculation of adjustments
  32. 21Calculation of “retirement index adjustment”
  33. 22Determination of “the age addition”
  34. 23Determination of “the assumed age addition”
  35. Chapter 2: Calculation of accrued pension
  36. 24Calculation of amount of accrued standard earned pension for purpose of deferment or full retirement
  37. 25Calculation of amount of accrued standard earned pension for purpose of partial retirement
  38. Chapter 3: Pension accounts: general
  39. 26Establishment of pension accounts: general
  40. 27Closure and adjustment of pension accounts on transfer out
  41. Chapter 4: Active member’s account
  42. 28Application of Chapter
  43. 29Establishment of active member’s account
  44. 30Amount of pension for a scheme year
  45. 31Opening balance
  46. 32Closure of active member’s account
  47. Chapter 5: Deferred member’s account
  48. 33Application of Chapter
  49. 34Establishment of deferred member’s account
  50. 35Provisional amount of deferred pension
  51. 36Adjustment of provisional amount
  52. 37Closure of deferred member’s account after gap in pensionable service not exceeding 5 years
  53. Chapter 6: Full retirement account
  54. 38Establishment of full retirement account
  55. 39Amount of full retirement pension
  56. Chapter 7: Partial retirement account
  57. 40Establishment of partial retirement account
  58. 41Amount of partial retirement pension
  59. Chapter 8: Pension accounts for pension credit members
  60. 42Establishment of pension credit member’s account
  61. 43Other pension accounts
  62. Part 6: Retirement benefits
  63. Chapter 1: General
  64. 44Application of Part
  65. 45Qualifying service
  66. Chapter 2: Full retirement benefits
  67. 46Entitlement to full retirement pension
  68. 47Annual rate of full retirement pension (active members)
  69. 48Annual rate of full retirement pension (deferred members)
  70. Chapter 3: Partial retirement benefits
  71. 49Exercise of partial retirement option
  72. 50Partial retirement option notice
  73. 51Entitlement to partial retirement pension or full retirement pension
  74. 52Annual rate of partial retirement pension
  75. 53Annual rate of full retirement pension when taking partial retirement
  76. Chapter 4: Ill-health benefits
  77. 54Meaning of “permanent breakdown in health”
  78. 55Meaning of “incapacity for employment”
  79. 56Entitlement to ill-health pension
  80. 57Annual rate of ill-health pension
  81. Chapter 5: Payment options
  82. 58Options under this Chapter
  83. 59Exercising an option under this Chapter
  84. 60Option to commute part of pension
  85. 61Option to commute whole of member’s accrued pensions (serious ill-health)
  86. 62Commutation supplement
  87. Chapter 6: Allocation of part of pension
  88. 63Allocation election
  89. 64Restriction on total amount of pension that may be allocated
  90. 65Making an allocation election
  91. 66Effect of allocation election
  92. 67Adjustment of allocated benefit (members who have reached the age of 75)
  93. Part 7: Pension credit and debit members
  94. Chapter 1: Benefits for pension credit members
  95. 68Entitlement to pension credit member’s pension
  96. 69Claim for early payment
  97. 70Pension credit member’s rights
  98. 71Annual rate of pension credit member’s pension
  99. 72Option for pension credit member to commute part of pension
  100. 73Option for pension credit member to commute whole pension (serious ill-health)
  101. 74Commutation supplement
  102. Chapter 2: Pension debit members
  103. 75Reduction in pension debit member’s benefits
  104. Part 8: Death benefits
  105. Chapter 1: Pensions for surviving adults
  106. 76Surviving adults
  107. 77Meaning of “surviving cohabiting partner”
  108. 78Meaning of “surviving adult’s pension”
  109. 79Meaning of dependant’s earned pension
  110. 80Meaning of dependant’s ill-health pension
  111. 81Entitlement to surviving adult’s pension
  112. 82Annual rate of surviving adult’s pensions payable on death of pensioner member
  113. 83Annual rate of surviving adult’s pensions payable on death of deferred member
  114. 84Annual rate of surviving adult’s pensions payable on death of active member (death in service)
  115. 85Reduction in pensions in cases of wide age disparity
  116. Chapter 2: Pensions for eligible children
  117. 86Meaning of “eligible child’s pension”
  118. 87Meaning of “eligible child”
  119. 88Eligibility for eligible child’s pension
  120. 89Annual rate of eligible child’s pension
  121. Chapter 3: Payment of pensions for surviving adults and eligible children
  122. 90Payment of pensions under this Part
  123. 91Stopping payment and recovery of pensions paid under this Part
  124. 92Provisional awards of eligible child’s pensions: later adjustment
  125. Chapter 4: Payment of lump sum death benefits
  126. 93Payment of lump sum death benefit
  127. 94Supplement: lump sum death benefit
  128. 95Nominations for lump sum death benefits
  129. 96Invalid nominations of individuals
  130. 97Payment of lump sum death benefit to nominees or personal representatives
  131. 98Members affected by court orders to former spouses and civil partners on death
  132. 99Recovery of payments
  133. Chapter 5: Amount of lump sum death benefits
  134. 100Meaning of “final pay”
  135. 101Meaning of “annualised final pay”
  136. 102Amount payable on death of active member (death in service)
  137. 103Amount payable on death of deferred member or pensioner member (death out of service)
  138. 104Amount payable on death of pension credit member
  139. Part 9: Contributions
  140. 105Rate of member contributions
  141. 106Amount of pensionable earnings: assumed pay
  142. 107Payment of member contributions
  143. 108Employers’ contributions
  144. Part 10: Transfers
  145. Chapter 1: Preliminary
  146. 109Application of Part
  147. 110Interpretation of Part
  148. Chapter 2: Transfers out
  149. 111Transfer value payments made to other schemes or pension arrangements
  150. 112Application for a statement of entitlement
  151. 113Statement of entitlement
  152. 114Request for transfer value payment to be made
  153. 115Calculating the amount of a transfer value
  154. 116Effect of transfers-out
  155. Part 11: Actuarial valuations and employer cost cap
  156. 117Appointment of scheme actuary and actuarial valuations
  157. 117AEmployer Cost Cap
  158. Part 12: Supplementary
  159. Chapter 1: Dual capacity members
  160. 118Meaning of “dual capacity member”
  161. 119Payment of benefits to or in respect of a dual capacity member
  162. Chapter 2: Payment of benefits: general
  163. 120Late payment of retirement index adjustment
  164. 121Commutation of small pensions
  165. 122Commutation supplement: small pensions
  166. Chapter 3: Forfeiture and set-off
  167. 123Forfeiture: offences committed by members
  168. 124Forfeiture: offences committed by a member’s beneficiary
  169. 125Forfeiture: relevant monetary obligations and relevant monetary losses
  170. 126Set-off
  171. Chapter 4: General
  172. 127Calculation of periods of membership and service
  173. 128Determination of questions
  174. 129Evidence of entitlement
  175. 130Provision of benefit information statements to members
  176. 131Amendment to the Public Service Pensions Act 2013 (Judicial Offices) Order 2015
  177. 132Information to be provided by employers
  178. 133Financial provision
  179. 134Transitional provisions
  180. 135Sitting in retirement offices
  181. 136Modifying provisions and amendments
  182. Signature
  183. Schedule 1: Transitional provisions
  184. Part 1: General
  185. 1Interpretation
  186. 2Meaning of “continuity of service”
  187. 3Commencement of active membership of this scheme
  188. Part 2: Payment of ill-health benefits to transition members with continuity of service
  189. 4Transition member who has not reached normal pension age under a pre-2022 scheme
  190. Part 3: Payment of death benefits in respect of transition members with continuity of service
  191. 5Annual rate of surviving adults’ pensions payable under this scheme when a transition member dies in service
  192. 6Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service
  193. 7Death in service lump sum
  194. 8Death out of service lump sum
  195. Part 4: Transitional provisions relating to pre-2022 scheme
  196. 9Pensionable service under pre-2022 scheme
  197. 10Repayment of contributions under pre-2022 scheme
  198. 11Qualifying for retirement benefits under the pre-2022 scheme
  199. 12Nomination under the pre-2022 scheme continues to have effect
  200. 13Pre-commencement contributions
  201. Part 5: Transitional provisions relating to the 2015 scheme
  202. 14Deferred members of the 2015 scheme
  203. Schedule 2Sitting in Retirement offices
  204. Schedule 3: Modifying provisions and amendments
  205. Part 1: Modification of early leaver and other provisions
  206. 1Application of this Part
  207. 2Preservation of benefit
  208. 3Revaluation of preserved benefit
  209. Part 2: Amendments
  210. 4Amendments to the Judicial Pensions Regulations 2015
  211. 5Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017
  212. Explanatory note