OpenLegislation

Section 103 Power to make provision in relation to certain fee-paid judgesI1I2

United Kingdom

(1)

Scheme regulations for a judicial scheme may make provision for the purpose of putting relevant fee-paid judges, so far as possible, in the position they would have been in if they had always been recognised as being full protection members of a judicial legacy scheme.

(2)

The provision that may be made under subsection (1) includes in particular—

(a)

provision about the amount of benefits to which a person is or was entitled in respect of pensionable service;

(b)

provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service;

(c)

provision about cases in which voluntary contributions have been paid to a judicial 2015 scheme (including provision under which rights to benefits referable to the contributions are retained in the judicial 2015 scheme);

(d)

provision about cases in which a person has transferred rights into a judicial 2015 scheme (including provision under which the rights are retained in the judicial 2015 scheme);

(e)

provision about cases in which a person has a partnership pension account;

(f)

provision about cases in which a person has partially retired;

(g)

provision enabling a scheme manager to pay amounts by way of compensation, including provision requiring an employer in relation to the scheme to reimburse the scheme manager for such amounts;

(h)

provision corresponding or similar to any provision of or made under—

(i)

section 53 (effective pension age payments);

(ii)

section 54 (transitional protection allowance);

(iii)

section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme);

(iv)

section 56 (powers to reduce or waive liabilities);

(v)

section 57 (pension credit members);

(vi)

section 61 (interest and process).

(3)

For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if—

(a)

on 31 March 2012—

(i)

P held a fee-paid judicial office, and

(ii)

did not hold a salaried judicial office,

(b)

on 1 April 2012, P was aged 55 or over,

(c)

at any time in the period beginning with 1 April 2012 and ending with the day before the relevant date, P held a salaried judicial office, and

(d)

either—

(i)

on the relevant date, P did not hold a fee-paid judicial office, or

(ii)

the condition in regulation 8(2)(a) of the judicial legacy fee-paid scheme (members) is not met in relation to P and the fee-paid judicial office mentioned in paragraph (a)(i).

(4)

In this section “full protection member”—

(a)

in relation to a judicial office within section 71(1)(a) or (b), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations 2015 (S.I. 2015/182) (see paragraph 1 of that Schedule), or

(b)

in relation to a judicial office within section 71(1)(c), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76) (see paragraph 1 of that Schedule).

(5)

In this section “the relevant date”—

(a)

in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012;

(b)

in relation to a judicial office within section 71(1)(c), means 1 February 2013.

(6)

Expressions used in this section have the same meaning as in Chapter 2.

Annotations

Commencement

I1

S. 103 in force at Royal Assent for specified purposes, see s. 131(1)

I2

S. 103 in force at 1.4.2022 in so far as not already in force, see s. 131(2)(f)