{
  "url": "https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-49",
  "json_url": "https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-49.json",
  "legislation": "uksi/2022/319",
  "legislation_title": "The Judicial Pensions Regulations 2022",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-regulations-2022",
  "path": "regulation/49",
  "kind": "regulation",
  "number": "49",
  "heading": "Exercise of partial retirement option",
  "text": "(1) This regulation applies if—\n(a) a person (P) is an active member of this scheme in relation to a continuous period of pensionable service;\n(b) P has reached normal minimum pension age;\n(c) the terms of P’s appointment have changed and as a result of that change the amount of P’s annual pensionable earnings in respect of service in a particular office is reduced to 80% of the amount before the change or less; and\n(d) P would be entitled to the immediate payment of a full retirement pension if P left pensionable service and claimed payment of the pension in respect of that particular office.\n(2) P may opt to continue in pensionable service but claim payment of the whole or part only of P’s accrued pensions in respect of a particular office for the continuous period of pensionable service before P’s pensionable earnings were reduced (“partial retirement option”).\n(3) P may not exercise a partial retirement option more than once in respect of a particular judicial office.\n(4) Where P holds more than one judicial office—\n(a) P may exercise a partial retirement option separately in relation to each office held; and\n(b) P may only access the pension accrued in relation to the particular office or offices in respect of which P is exercising the partial retirement option.\n(5) For the purposes of calculating P’s annual pensionable earnings in relation to paragraph (1)(c) where P is a fee-paid office holder, the amount of pensionable earnings that P receives in respect of a particular office is calculated as follows—\nZ per annum, where:\nZ=JK where—\nJ means the total fee-paid income in respect of that office over the preceding three years, or, if less than three years, over the period since P was first appointed to that office;\nK means the lesser of—\n(a) 3; or\n(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 date of partial retirement;\n“complete month” includes an incomplete month that consists of at least 16 days; and\nZ means the annualised total of fees from that particular office.\n(6) Where P holds multiple assignments within the First-tier Tribunal or the Upper Tribunal—\n(a) the reduction in earnings in paragraph (1)(c) refers to service in each chamber of the relevant tribunal; and\n(b) in paragraph (5) references to an office are to be taken as references to an assignment to a tribunal chamber.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 49 in force at 1.4.2022, see reg. 1(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/319/regulation/49",
    "retrieved_at": "2026-10-28T22:02:21.380450+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}