{
  "url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-103",
  "json_url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022/section-103.json",
  "legislation": "ukpga/2022/7",
  "legislation_title": "Public Service Pensions and Judicial Offices Act 2022",
  "legislation_url": "https://openlegislation.uk/public-service-pensions-and-judicial-offices-act-2022",
  "path": "section/103",
  "kind": "section",
  "number": "103",
  "heading": "Power to make provision in relation to certain fee-paid judges",
  "text": "(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.\n(2) The provision that may be made under subsection (1) includes in particular—\n(a) provision about the amount of benefits to which a person is or was entitled in respect of pensionable service;\n(b) provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service;\n(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);\n(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);\n(e) provision about cases in which a person has a partnership pension account;\n(f) provision about cases in which a person has partially retired;\n(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;\n(h) provision corresponding or similar to any provision of or made under—\n(i) section 53 (effective pension age payments);\n(ii) section 54 (transitional protection allowance);\n(iii) section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme);\n(iv) section 56 (powers to reduce or waive liabilities);\n(v) section 57 (pension credit members);\n(vi) section 61 (interest and process).\n(3) For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if—\n(a) on 31 March 2012—\n(i) P held a fee-paid judicial office, and\n(ii) did not hold a salaried judicial office,\n(b) on 1 April 2012, P was aged 55 or over,\n(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\n(d) either—\n(i) on the relevant date, P did not hold a fee-paid judicial office, or\n(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).\n(4) In this section “full protection member”—\n(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\n(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).\n(5) In this section “the relevant date”—\n(a) in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012;\n(b) in relation to a judicial office within section 71(1)(c), means 1 February 2013.\n(6) Expressions used in this section have the same meaning as in Chapter 2.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 103 in force at Royal Assent for specified purposes, see s. 131(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 103 in force at 1.4.2022 in so far as not already in force, see s. 131(2)(f)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/7/section/103",
    "retrieved_at": "2026-10-29T08:57:27.065737+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."
}