{
  "url": "https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-84",
  "json_url": "https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-84.json",
  "legislation": "uksi/2022/319",
  "legislation_title": "The Judicial Pensions Regulations 2022",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-regulations-2022",
  "path": "regulation/84",
  "kind": "regulation",
  "number": "84",
  "heading": "Annual rate of surviving adult’s pensions payable on death of active member (death in service)",
  "text": "(1) This regulation applies on the death of an active member of this scheme in relation to a continuous period of pensionable service of at least 12 months.\n(2) This regulation applies in respect of each account held by the active member.\n(3) If the member is a transition member with continuity of service, the continuous period of pensionable service mentioned in paragraph (1) includes the member’s period of pensionable service under a pre-2022 scheme before the closing date.\n(4) The annual rate of a dependant’s earned pension is an amount equal to 37.5% of the amount of full retirement pension that would have been specified in the member’s full retirement account under regulation 39(2) had P become entitled to the immediate payment of a full retirement pension on the date of P’s death.\n(5) When calculating the amount of a member’s full retirement pension (except in relation to a member who before the member’s death was entitled under regulation 51(a) to the immediate payment of a partial retirement pension)—\n(a) the accrued pension includes an additional amount equal to the lesser of—\n(i) the amount of accrued pension; and\n(ii) the enhancement fraction of the amount mentioned in paragraph (i);\n(b) if the member is a transition member with continuity of service, the accrued pension includes an additional amount equal to the lesser of—\n(i) the total amount of accrued pension under this scheme and the equivalent of accrued pension earned under a pre-2022 scheme which is not attributable to a transfer value payment; and\n(ii) the enhancement fraction of the amount mentioned in sub-paragraph (a)(i); and\n(c) the early payment reduction (if any), the commutation amount (if any) and the total allocation amount (if any) are not subtracted.\n(6) In this regulation—\n“the enhancement fraction” means:\nXYwhere—\nX is the lower of—\n(a)the member’s assumed period of pensionable service; and\n(b)10;\nY is the lower of—\n(a)the number of years (expressed in years and a fraction of a year, determined by complete months) for which the member has been an active member of this scheme; and\n(b)the number of scheme years (expressed in years and a fraction of a year, determined by complete months) in relation to which an amount of earned pension was specified in the active member’s account . Where this figure is 0, a value of 0.083 will be applied;\n“the member’s assumed period of pensionable service” means the period (expressed in years and a fraction of a year, determined by complete months)—\n(a)beginning with the day after the date of the member’s death; and\n(b)ending with—\n(i)for a member appointed for a fixed term, the day on which that term would have ended; and\n(ii)for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and\n“complete month” includes an incomplete month that consists of at least 16 days.\n(7) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 84(6) inserted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 6"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 84 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/84",
    "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."
}