OpenLegislation

The Judicial Pensions Regulations (Northern Ireland) 2015

S.R. 2015/76 · Made 18 February 2015 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 May 2024.

Public Service Pensions

Made 18th February 2015

Coming into operation in accordance with regulation 1(2) and (3)

M1M2M3M4The Department of Justice makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(b) , 2(1), 3(1), (2), (3)(a), (3)(c) and (4), 4(3) and (6) (as read with section 4(1)), 5(3)(c) (as read with section 5(1)), 5(4), and (5), 7(1) and (4), 8(1)(a) , 12(6) and (7) , 14(1) 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 (Northern Ireland) 2014 .

In accordance with section 21 of that Act, the Department of Justice has consulted such persons and representatives of such persons as appear to it likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, the Department of Finance and Personnel has consented to the making of these Regulations.

The Department of Justice has had regard to the matters referred to in section 5(4) of that Act.

A draft of this instrument has been laid before the Assembly and approved by a resolution of the Assembly in accordance with section 24(1)(c) of the Public Service Pensions Act (Northern Ireland) 2014.C1C2

Annotations to the whole text

Marginal citations

M1

See also section 1(3) and Schedule 1.

M2

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

M3

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

M4

2014 c. 2 (N.I.).

Modifications

C1

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

C2

Regulations modified (temp) (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 2(4)

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. 14Eligible persons
  20. 15Service in 2 or more qualifying judicial offices
  21. Chapter 2: Pensionable service
  22. 16Application of Chapter
  23. 17Enrolment
  24. 18Opting into this scheme
  25. 19When does an option in take effect
  26. 20Opting out of this scheme
  27. 21Opting out before the end of one month
  28. 22Opting out after one month
  29. Chapter 3: Pensionable earnings
  30. 23Pensionable earnings
  31. 24Meaning of “assumed pay”
  32. Chapter 4: Deferred membership
  33. 25Meaning of “deferred member”
  34. Part 5: Pension accounts
  35. Chapter 1: Preliminary
  36. 26Descriptions of accrued pension
  37. 27Descriptions of full retirement pension
  38. 28Descriptions of partial retirement pension
  39. Chapter 2: Calculation of adjustments
  40. 29Calculation of “retirement index adjustment”
  41. 30Determination of “the age addition”
  42. 31Determination of “the assumed age addition”
  43. Chapter 3: Calculation of accrued pension
  44. 32Calculation of amount of accrued pension for purpose of deferment or full retirement
  45. 33Calculation of amount of accrued pension for purpose of partial retirement
  46. Chapter 4: Pension accounts: general
  47. 34Establishment of pension accounts: general
  48. 35Closure and adjustment of pension accounts on transfer out
  49. Chapter 5: Active member's account
  50. 36Application of Chapter
  51. 36APurported transfer value payment
  52. 37Establishment of active member's account
  53. 38Receipt of a transfer value payment
  54. 38ATransfer value payment or purported transfer value payment in respect of judges with remediable service
  55. 38BPurported transfer value payment in respect of relevant fee-paid judges
  56. 39Amount of pension for a scheme year
  57. 40Opening balance, index adjustment and age addition
  58. 41Closure of active member's account
  59. Chapter 6: Deferred member's account
  60. 42Application of Chapter
  61. 43Establishment of deferred member's account
  62. 44Provisional amount of deferred pension
  63. 45Adjustment of provisional amount
  64. 46Closure of deferred member's account after gap in pensionable service not exceeding 5 years
  65. Chapter 7: Full retirement account
  66. 47Establishment of full retirement account
  67. 48Amount of full retirement pension
  68. 49Closure of full retirement account Repealed
  69. Chapter 8: Partial retirement account
  70. 50Establishment of partial retirement account
  71. 51Amount of partial retirement pension
  72. Chapter 9: Pension accounts for pension credit members
  73. 52Establishment of pension credit member's account
  74. 53Other pension accounts
  75. Part 6: Retirement benefits
  76. Chapter 1: General
  77. 54Application of Part
  78. 55Qualifying service
  79. Chapter 2: Full retirement benefits
  80. 56Entitlement to full retirement pension
  81. 57Annual rate of full retirement pension (active members)
  82. 58Annual rate of full retirement pension (deferred members)
  83. 59Full retirement pension ceases to be payable Repealed
  84. Chapter 3: Partial retirement benefits
  85. 60Exercise of partial retirement option
  86. 61Partial retirement option notice
  87. 62Option proportion
  88. 63Entitlement to partial retirement pension or full retirement pension
  89. 64Annual rate of partial retirement pension
  90. 65Annual rate of full retirement pension
  91. Chapter 4: Ill-health benefits
  92. 66Meaning of “permanent breakdown in health”
  93. 67Meaning of “incapacity for employment”
  94. 68Entitlement to ill-health pension
  95. 69Annual rate of ill-health pension
  96. 70Deferment of accrued earned pension attributable to a transfer value payment
  97. 71Deferment of added pension attributable to recent payments
  98. Chapter 5: Payment options
  99. 72Options under this Chapter
  100. 73Exercising an option under this Chapter
  101. 74Option to buy out early payment reduction
  102. 75Option to defer payment of added pension
  103. 76Option to commute part of pension
  104. 77Option to commute whole of member's accrued pensions (serious ill-health)
  105. Chapter 6: Allocation of part of pension
  106. 78Allocation election
  107. 79Restriction on total amount of pension that may be allocated
  108. 80Making an allocation election
  109. 81Effect of allocation election
  110. 82Adjustment of allocated benefit (members who have reached the age of 75)
  111. Part 7: Benefits for pension credit members
  112. 83Entitlement to pension credit member's pension
  113. 84Claim for early payment
  114. 85Annual rate of pension credit member's pension
  115. 86Option to buy out early payment reduction
  116. 87Reduction in pension debit member's benefits
  117. 88Pension credit member's rights
  118. 89Option for pension credit member to commute part of pension
  119. 90Option for pension credit member to commute whole pension (serious ill-health)
  120. Part 8: Death benefits
  121. Chapter 1: Pensions for surviving adults
  122. 91Surviving adults
  123. 92Meaning of “surviving nominated partner”
  124. 93Meaning of “surviving adult's pension”
  125. 94Meaning of dependant's earned pension
  126. 95Meaning of dependant's ill-health pension
  127. 96Meaning of “dependant's added pension”
  128. 97Entitlement to surviving adult's pension
  129. 98Annual rate of surviving adult's pensions payable on death of pensioner member
  130. 99Annual rate of surviving adult's pensions payable on death of deferred member
  131. 100Annual rate of surviving adult's pensions payable on death of active member (death in service)
  132. 101Reduction in pensions in cases of wide age disparity
  133. Chapter 2: Pensions for eligible children
  134. 102Meaning of “eligible child's pension”
  135. 103Meaning of “eligible child”
  136. 104Eligible child's pension
  137. 105Annual rate of eligible child's pension
  138. Chapter 3: Payment of pensions for surviving adults and eligible children
  139. 106Payment of pensions under this Part
  140. 107Stopping payment and recovery of pensions paid under this Part
  141. 108Provisional awards of eligible child's pensions: later adjustments
  142. 109Adjustment of benefits to comply with the 2004 Act where members die over the age of 75
  143. 110Guaranteed minimum pensions for surviving spouses and civil partners
  144. Chapter 4: Payment of lump sum death benefits
  145. 111Payment of lump sum death benefit
  146. 112Nominations for lump sum death benefits
  147. 113Invalid nominations of individuals
  148. 114Payment of lump sum death benefit to nominees or personal representatives
  149. 115Members affected by court orders to former spouses and civil partners on death
  150. 116Pension protection lump sum death benefit
  151. 117Recovery of payments
  152. 118Payment of pension instead of lump sum for members who have reached the age of 75
  153. Chapter 5: Amount of lump sum death benefits
  154. 119Meaning of “final pay”
  155. 120Meaning of “annualised final pay”
  156. 121Amount payable on death of active member (death in service)
  157. 122Amount payable on death of deferred member or pensioner member (death out of service)
  158. 123Amount payable on death of pension credit member
  159. Part 9: Contributions
  160. 124Rate of member contributions
  161. 125Amount of pensionable earnings
  162. 126Payment of member contributions
  163. 127Employers' contributions
  164. 128Deduction of payments for extra pension under Schedule 1
  165. 129Refund of all member contributions and payments for extra pension made by the member
  166. 130Refund of payments for extra pension made by the member
  167. Part 10: Transfers
  168. Chapter 1: Preliminary
  169. 131Application of Part
  170. 132Interpretation of Part
  171. Chapter 2: Transfers out
  172. 133Transfer value payments made to other schemes or pension arrangements
  173. 134Application for a statement of entitlement
  174. 135Statement of entitlement
  175. 136Request for transfer value payment to be made
  176. 137Calculating the amount of a transfer value
  177. 138Effect of transfers-out
  178. Chapter 3: Transfers in
  179. 139Application of Chapter
  180. 140Interpretation of Chapter
  181. 141Transfer payment requests
  182. 142Transfer statement
  183. 143Amount of transferred pension
  184. Part 11: Actuarial valuations and employer cost cap
  185. 144Appointment of scheme actuary and actuarial valuations Repealed
  186. 145Employer cost cap
  187. Part 12: Supplementary
  188. Chapter 1: Dual capacity members
  189. 146Meaning of “dual capacity member”
  190. 147Payment of benefits to or in respect of a dual capacity member
  191. Chapter 2: Payment of benefits: general
  192. 148Late payment of retirement index adjustment
  193. 149Commutation of small pensions
  194. 150Guaranteed minimum pensions
  195. Chapter 3: Forfeiture and set-off
  196. 151Forfeiture: offences committed by members
  197. 152Forfeiture: offences committed by a member's beneficiary
  198. 153Forfeiture: relevant monetary obligations and relevant monetary losses
  199. 154Set-off
  200. Chapter 4: Payment and deduction of tax
  201. 155Scheme manager to be scheme administrator for the purposes of Part 4 of Finance Act 2004
  202. 156Payment on behalf of members of lifetime allowance charge
  203. 157Reduction of benefits where lifetime allowance charge payable
  204. 158Information about payment of annual allowance charge
  205. 159Reduction of benefits where annual allowance charge paid by scheme manager
  206. Chapter 5: General
  207. 160General prohibition on unauthorised payments
  208. 161Calculation of periods of membership and service
  209. 162Determination of questions
  210. 163Evidence of entitlement
  211. 164Provision of benefit information statements to members
  212. 165Information to be provided by employers
  213. 166Transitional provisions
  214. 167Modifying provisions and amendments
  215. Signature
  216. Schedule 1: Payments for extra pension
  217. Part 1: General
  218. 1Interpretation
  219. 2Meaning of “amount of extra pension”
  220. 3Meaning of “overall limit of extra pension”
  221. 4Limit on added pension options
  222. 5Amount of accrued added pension may not exceed overall limit of extra pension
  223. 6Actuarial advice
  224. Part 2: Payments for added pension
  225. Chapter 1: Exercising the added pension option
  226. 7Added pension option exercisable by member
  227. 8Added pension option exercisable by employer or third party
  228. Chapter 2: Periodical payments for added pension
  229. 9Application of Chapter
  230. 10Member's option to make periodical payments for added pension
  231. 11Cancellation of option by member
  232. 12Periodical payments
  233. 13Amount of added (self only) pension for a scheme year (periodical payments)
  234. 14Amount of added (all beneficiaries) pension for a scheme year (periodical payments)
  235. Chapter 3: Lump sum payments for added pension made by member
  236. 15Application of Chapter
  237. 16Member's option to make a lump sum payment for added pension
  238. 17Statement of amount of added pension
  239. 18Amount of added (self only) pension (lump sum payment)
  240. 19Amount of added (all beneficiaries) pension (lump sum payment)
  241. Chapter 4: Lump sum payments for added pension made by employer or third party
  242. 20Application of Chapter
  243. 21Employer or third party option to make a lump sum payment for added pension
  244. 22Amount of added (self only) pension (lump sum payment)
  245. 23Amount of added (all beneficiaries) pension (lump sum payment)
  246. Chapter 5: Deemed membership for added pension payments
  247. 23AAdded pension payment or purported added pension payment in respect of judges with remediable service
  248. 23BPurported added pension in respect of relevant fee-paid judges
  249. Part 3: Effective pension age payments
  250. Chapter 1: Exercising the effective pension age option
  251. 24Effective pension age option exercisable by member
  252. 25Exercising the effective pension age option
  253. 26Payment of pension at effective pension age
  254. 27Member ceases to be in pensionable service under this scheme
  255. 28Cancellation of option
  256. 29Value of an effective pension age option
  257. Chapter 2: Making effective pension age payments
  258. 30Amount of periodical payments
  259. 31Periodical payment period
  260. 32Periodical payments during period of assumed pay
  261. Schedule 2: Transitional provisions
  262. Part 1: General
  263. 1Interpretation
  264. 2Meaning of “continuity of service”
  265. 3Meaning of “tapered protection closing date”
  266. 4Meaning of “active member of an existing scheme “
  267. 5Commencement of active membership of this scheme
  268. Part 2: Exceptions to section 18(1) of the Act: full protection members of an existing scheme
  269. 6Exception for full protection members during protection period
  270. 7Full protection member not eligible to join this scheme
  271. 8Members of an existing scheme on scheme closing date
  272. 9Members moving between schemes after the scheme closing date
  273. 9AMembers with previous service in a fee-paid office
  274. Part 3: Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme
  275. 10Exception for tapered protection members during protection period
  276. 11Tapered protection member not eligible to join this scheme
  277. 12Member of an existing scheme on scheme closing date
  278. 13Members moving between schemes after the scheme closing date
  279. 13AMembers with previous service in a fee-paid office
  280. Part 4: Option for tapered protection members of an existing scheme
  281. 14Option to begin pensionable service before the transition date
  282. Part 5: Payment of ill-health benefits to transition members with continuity of service
  283. 15Transition member who has not reached normal pension age under a relevant scheme
  284. Part 6: Payment of death benefits in respect of transition members with continuity of service
  285. 16Annual rate of surviving adult's pensions payable under this scheme when a transition member dies in service
  286. 17Annual rate of eligible child's pension payable under this scheme when a transition member dies in service
  287. 18Death in service lump sum
  288. 19Death out of service lump sum
  289. Part 7: Transitional provisions relating to relevant schemes
  290. 20Pensionable service under an existing scheme
  291. 21Repayment of contributions under a relevant scheme
  292. 22Qualifying for retirement benefits under the existing scheme
  293. 23Nomination under a relevant scheme continues to have effect
  294. Schedule 3: Modifying provisions and amendments
  295. Part 1: Modification of contracting-out provisions
  296. 1Application of this Part
  297. 2Contracting-out
  298. Part 2: Modification of early leaver and other provisions
  299. 3Application of this Part
  300. 4Certification
  301. 5Preservation of benefit
  302. 6Revaluation of preserved benefit
  303. 7Protection of increases in guaranteed minimum pensions
  304. 7AProtection of increases in guaranteed minimum pensions after abolition of contracting-out
  305. 8Transfer values
  306. 9Transfer values regulations
  307. 10Cash transfers and contribution refunds
  308. Part 3: Amendments
  309. 11Amendments to the Judicial Pensions and Retirement Act 1993
  310. 12Amendment to the Public Service Pensions Act (Northern Ireland) 2014
  311. Explanatory note