Regulation 18 Meaning of “assumed pay”: fee-paid office holdersI1

Where a fee-paid office holder holds more than one judicial office, this regulation applies separately in relation to each office held.

For the purpose of these Regulations, an active member of this scheme who is a fee-paid office holder (P) receives assumed pay in respect of any period in which any of the circumstances in paragraph (5) apply (“period of assumed pay”).

For the purposes of paragraph (2), “assumed pay” means an amount of pensionable earnings for the period in question based upon the annualised amount calculated in accordance with paragraph (4).

For the purposes of paragraph (3), the amount of pensionable earnings that P receives in respect of a particular office is calculated as follows—

Z per annum, where:

where—

• J means the total fee-paid income in respect of that particular office over the preceding three years, or, if less than three years, over the period since the first sitting day in that particular office;

• “preceding three years” means the period of three years ending with the day before the period of assumed pay;

• “period since the first sitting day in that particular office” means the period beginning with the first day in the particular office and ending with the day before the beginning of the period of assumed pay;

• K means the lesser of—

  1. (a)

     3; or

  2. (b)

     the period in years (and a fraction of a year, determined by complete months) from the first sitting day in that particular office until the beginning of the period of assumed pay;

• “complete month” includes an incomplete month that consists of at least 16 days; and

• Z means the annualised total of fees from that particular office.

The circumstances are—

In this regulation, where P holds multiple assignments within the First-tier Tribunal or the Upper Tribunal, references to an office are to be taken as references to an assignment to a particular chamber.