Paragraph 2 Amendment of the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017I1

the existing text is numbered as paragraph (1);

in paragraph (1) (as mentioned in paragraph (a) above), for the definition of “active member” substitute—

• ““active member” has the meaning given in paragraph (2);”;

after paragraph (1) (as mentioned in paragraph (a) above) insert—

“(2)

In these Regulations, “active member” means a person who—

(a)

is in pensionable service under the 2015 Scheme or the 2022 Scheme;

(b)

would have been in pensionable service under the 2015 Scheme in the period beginning with 1st April 2015 and ending with 31st March 2022 if—

(i)

a legacy scheme election had not been made in respect of the person under section 40 of the Public Service Pensions and Judicial Offices Act 2022 (“PSPJOA 2022”); or

(ii)

an immediate detriment remedy had not been obtained in relation to the person’s remediable service in a judicial office; or

(c)

is a relevant fee-paid judge with relevant service.

(3)

A person who satisfies—

(a)

paragraph (2)(b) is an “active member” for the period of their remediable service;

(b)

paragraph (2)(c) is an “active member” for the period of their relevant service.

(4)

For the purpose of paragraph (2)(b), an “immediate detriment remedy” has been obtained in relation to a person’s remediable service if either of the conditions in section 68(2) or (3) of PSPJOA 2022 is met.

(5)

In paragraph (2)—

• “a legacy scheme election” has the meaning given in section 40 of PSPJOA 2022;

• “relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022;

• “relevant service” has the meaning given in regulation 29(2) of the Judicial Pensions (Remediable Service etc.) Regulations 2023;

• “remediable service” has the meaning given in section 39 of PSPJOA 2022.”.