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Judicial Pensions and Retirement Act 1993

1993 c. 8 · Enacted 29 March 1993 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2022.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5words repealedCare Standards Act 2000 Sch. 6
Sch. 6 para. 55repealedCare Standards Act 2000 Sch. 6
Sch. 7 para. 5(5)(xxxi)repealedCare Standards Act 2000 Sch. 6
Sch. 1 Pt. 2entry insertedCoroners and Justice Act 2009 Sch. 21 para. 31
Sch. 1 Pt. 1words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(2)(a)
Sch. 1 Pt. 2words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(2)(b)
Sch. 5words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(3)

An Act to make further provision with respect to the pensions and other benefits payable in respect of service in certain judicial, and related, offices and in certain senior public investigative offices; to amend the law relating to the date on which the holders of certain judicial, and related, offices are required to vacate those offices; and for purposes connected therewith.

[29th March 1993]

C1E1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Power to amend Act conferred (31.3.1995) by S.I. 1986/1888 (N.I. 18), art.18(3)(l) (as added (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 19(2); S.I. 1995/631, art. 2)

Power to amend Act conferred (9.11.1998) by 1998 c. 42, s. 18(6), Sch. 4 paras. 3, 4 (with ss. 7(8), 22(5))

Power to modify Act conferred (7.2.1994) by 1993 c. 48, ss. 188-190, 191, Sch. 6 Pt. II para. 17(2)(3)(j), Sch. 9 para. 7; S.I. 1994/86, art. 2

C2

Power to modify Act conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(l) (with Sch. 8 para. 8(3)); S.R. 1994/17

Act modified (27.9.1999) by 1999 c. 22, ss. 68(3)(b), 108(3) (with s. 107, Sch. 14 para. 7(2))

Power to amend Act conferred (11.11.1999) by 1999 c. 30, ss. 43, 89(5)

Act: power to amend conferred (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(b) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C3

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(1) (with reg. 2(3))

C4

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(2) (with reg. 2(3))

C5

Act modified (9.2.2005) by The Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005 (S.I. 2005/53), art. 2(2)

Extent

E1

Act extends to U.K. but for exceptions see s. 31(5)-(7)

Contents

  1. Part I: New Arrangements for Judicial Pensions
  2. Application of Part I
  3. 1Persons to whom this Part applies.
  4. Pensions for judicial officers
  5. 2The judicial officer’s entitlement to a pension.
  6. 3The appropriate annual rate.
  7. Derivative benefits
  8. 4Lump sum on the judicial officer’s retirement or death.
  9. 5Surviving spouse’s and surviving civil partner's pension.
  10. 6Grant and payment of a children’s pension.
  11. 7Children’s pension: meaning of “period of childhood and full-time education”.
  12. 8Rate of children’s pension.
  13. 9Contribution towards cost of surviving spouse’s , surviving civil partner's and children’s pension.
  14. Contributions
  15. 9AContributions towards cost of judicial pension etc
  16. Additional voluntary contributions
  17. 10Additional benefits from voluntary contributions.
  18. Relationship with other pension schemes
  19. 11Provision against pensions under two or more judicial pension schemes.
  20. 12Transfer of rights under judicial pension schemes.
  21. 12ATransfer of rights under other public service pension schemes
  22. 12BRate of pension etc. where rights transferred under section 12 or 12A
  23. 13Election for personal pension instead of judicial pension.
  24. Supplemental provisions
  25. 14Application of this Part to holders of the office of Lord Chancellor.
  26. 15Circuit judges: the Recorder of London and the Common Serjeant.
  27. 16Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.
  28. 17Effect of certain nullity decrees.
  29. 18Continuity of tax treatment. Repealed
  30. Part 1A: FEE-PAID JUDGES
  31. 18APension scheme for fee-paid judges
  32. Part II: Miscellaneous, General and Supplementary Provisions
  33. Additional benefits in respect of disregarded earnings
  34. 19Benefits in respect of earnings in excess of pension-capped salary.
  35. General provisions connected with the new schemes
  36. 20Appeals.
  37. 21Pensions payable to judicial officers etc. by local authorities in England and Wales.
  38. 22Application of the Pensions (Increase) Act 1971.
  39. 23Transfer of accrued benefits.
  40. 23APension credits
  41. 24Corresponding minor amendments to other enactments.
  42. Pensions for senior public investigative officers
  43. 25The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.
  44. Retirement date for certain judicial officers etc
  45. 26Retirement date for holders of certain judicial offices etc.
  46. 27Completion of proceedings after retirement.
  47. Miscellaneous and supplementary provisions
  48. 28Payments charged on Consolidated Fund etc.
  49. 28ANorthern Ireland
  50. 29Regulations and orders.
  51. 30Interpretation.
  52. 31Short title, supplementary provisions and extent.
  53. Schedule 1: The offices which may be qualifying judicial offices
  54. Part I: Judges
  55. Paragraph
  56. Part II: Other appointments
  57. Court officers
  58. Paragraph
  59. Members of tribunals
  60. Paragraph
  61. Other offices whose holders are appointed by the Lord Chancellor
  62. Paragraph
  63. Other offices
  64. Paragraph
  65. Schedule 1A: SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS
  66. Part: The commencement date
  67. 1Paragraph 1
  68. Part: Service wholly before the commencement date
  69. 2Paragraph 2
  70. Part: Service partly before and partly on the commencement date
  71. 3Paragraph 3
  72. Schedule 2: Transfer of accrued benefits
  73. Part I: General
  74. Interpretation
  75. 1Paragraph 1
  76. Regulations
  77. 2Paragraph 2
  78. Other provisions about transfer values
  79. 3Paragraph 3
  80. Part II: Transfers out
  81. Qualifying members
  82. 4Paragraph 4
  83. Qualifying member’s right to a transfer payment
  84. 5Paragraph 5
  85. Method of taking cash benefit
  86. 6Paragraph 6
  87. Calculation of cash equivalents
  88. 7Paragraph 7
  89. Time within which option must be exercised
  90. 8Paragraph 8
  91. Option to be exercised in writing
  92. 9Paragraph 9
  93. Cancellation of exercise of option
  94. 10Paragraph 10
  95. Part III: Transfers in
  96. Application to accept payment into scheme
  97. 11Paragraph 11
  98. Cancellation of request
  99. 12Paragraph 12
  100. Regulations
  101. 13Paragraph 13
  102. Schedule 2A: PENSION CREDITS
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. Schedule 3: Corresponding minor amendments to other pensions enactments
  106. Part I: Amendments of the 1981 Act
  107. Dependent children: maximum allowable remuneration
  108. 1Paragraph 1
  109. Appeals
  110. 2Paragraph 2
  111. Additional voluntary contributions
  112. 3Paragraph 3
  113. Part II: Amendment of the Sheriffs’ Pensions (Scotland) Act 1961
  114. Appeals
  115. 4Paragraph 4
  116. Part III: Amendments of Northern Ireland Provisions
  117. Interpretation
  118. 5Paragraph 5
  119. Dependent children: maximum allowable remuneration
  120. 6Paragraph 6
  121. Appeals
  122. 7Paragraph 7
  123. Additional voluntary contributions
  124. 8Paragraph 8
  125. Schedule 4: Pensions for senior public investigative officers
  126. Part I: The Comptroller and Auditor General
  127. 1Paragraph 1
  128. Part II: The Parliamentary Commissioner for Administration
  129. 2Paragraph 2
  130. Part III: The Health Service Commissioners
  131. The Health Service Commissioners for England and for Wales
  132. 3Paragraph 3
  133. The Health Service Commissioner for Scotland
  134. 4Paragraph 4
  135. Part IV: The Comptroller and Auditor General for Northern Ireland
  136. 5Paragraph 5
  137. Part V: The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints
  138. 6Paragraph 6 Repealed
  139. 7Paragraph 7 Repealed
  140. Schedule 5: Retirement provisions: the relevant offices
  141. Paragraph
  142. Schedule 6: Retirement dates for certain judicial offices
  143. The Judicial Committee of the Privy Council
  144. 1Paragraph 1 Repealed
  145. Lords of Appeal
  146. 2Paragraph 2 Repealed
  147. Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland
  148. 3Paragraph 3
  149. Judges of the Supreme Court
  150. 4Paragraph 4
  151. Acting and deputy judges
  152. 5Paragraph 5
  153. Temporary Judges of the Court of Session
  154. 6Paragraph 6 Repealed
  155. Acting judges of the High Court or Court of Appeal in Northern Ireland
  156. 7Paragraph 7
  157. Circuit judges
  158. 8Paragraph 8
  159. Recorders, deputy Circuit judges and assistant Recorders
  160. 9Paragraph 9
  161. Sheriffs
  162. 10Paragraph 10 Repealed
  163. Temporary sheriffs
  164. 11Paragraph 11 Repealed
  165. County Court Judge in Northern Ireland
  166. 12Paragraph 12
  167. Deputy judge of a county court in Northern Ireland
  168. 13Paragraph 13
  169. Officers of the Supreme Court
  170. 14Paragraph 14
  171. Deputy and temporary officers of the Supreme Court
  172. 15Paragraph 15 Repealed
  173. Deputy district judges of district registries of the High Court
  174. 16Paragraph 16
  175. District judges and deputy district judges of county courts
  176. 17Paragraph 17
  177. Statutory officers in Northern Ireland
  178. 18Paragraph 18
  179. Stipendiary magistrates in England and Wales
  180. 19Paragraph 19 Repealed
  181. Resident Magistrates in Northern Ireland
  182. 20Paragraph 20
  183. Social security: Commissioners, and the President and chairmen of appeal tribunals
  184. 21Paragraph 21 Repealed
  185. Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
  186. 22Paragraph 22
  187. Child support: Commissioners and chairmen of appeal tribunals
  188. 23Paragraph 23
  189. Chairmen of child support appeal tribunals in Northern Ireland
  190. 24Paragraph 24 Repealed
  191. Chairman of the Foreign Compensation Commission
  192. 25Paragraph 25
  193. Commons Commissioners
  194. 26Paragraph 26 Repealed
  195. President and chairmen of employment tribunals
  196. 27Paragraph 27 Repealed
  197. President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal
  198. 28Paragraph 28 Repealed
  199. President of the Industrial Court in Northern Ireland
  200. 29Paragraph 29 Repealed
  201. Members of the Employment Appeal Tribunal
  202. 30Paragraph 30 Repealed
  203. The Lands Tribunal and the Lands Tribunal for Scotland
  204. 31Paragraph 31
  205. The Lands Tribunal for Northern Ireland
  206. 32Paragraph 32
  207. Judge Advocate of Her Majesty’s Fleet
  208. 33Paragraph 33 Repealed
  209. Judge Advocate General and related offices
  210. 34Paragraph 34
  211. Value added tax tribunals
  212. 35Paragraph 35 Repealed
  213. Special, and deputy Special, Commissioners for Income Tax
  214. 36Paragraph 36 Repealed
  215. President or other member of the Immigration Appeal Tribunal
  216. 37Paragraph 37 Repealed
  217. Immigration adjudicators
  218. 38Paragraph 38 Repealed
  219. Pensions Appeal Tribunals
  220. 39Paragraph 39
  221. Mental Health Review Tribunals
  222. 40Paragraph 40
  223. The Financial Services Tribunal
  224. 41Paragraph 41 Repealed
  225. Tribunals and advisory bodies under the Misuse of Drugs Act 1971
  226. 42Paragraph 42
  227. Restrictive Practices Court
  228. 43Paragraph 43 Repealed
  229. Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988
  230. 44Paragraph 44 Repealed
  231. Arbitrator appointed under the Agricultural Holdings Act 1986
  232. 45Paragraph 45 Repealed
  233. Agricultural Land Tribunals
  234. 46Paragraph 46
  235. The Aircraft and Shipbuilding Industries Arbitration Tribunal
  236. 47Paragraph 47 Repealed
  237. Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963
  238. 48Paragraph 48
  239. The Copyright Tribunal
  240. 49Paragraph 49
  241. The Data Protection Tribunal
  242. 50Paragraph 50
  243. Independent Schools Tribunals
  244. 51Paragraph 51 Repealed
  245. President of a tribunal constituted under Schedule 3 to the Industry Act 1975
  246. 52Paragraph 52
  247. Tribunal constituted under Schedule 9 to the National Health Service Act 1977
  248. 53Paragraph 53 Repealed
  249. Chairman of the Plant Varieties and Seeds Tribunal
  250. 54Paragraph 54 Repealed
  251. Chairman of a Registered Homes Tribunal
  252. 55Paragraph 55 Repealed
  253. Rent Assessment Committees
  254. 56Paragraph 56
  255. The Transport Tribunal
  256. 57Paragraph 57
  257. Tribunal established under section 9 of the Wireless Telegraphy Act 1949
  258. 58Paragraph 58 Repealed
  259. Wreck commissioner
  260. 59Paragraph 59 Repealed
  261. Chairman of a Reinstatement Committee
  262. 60Paragraph 60
  263. Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954
  264. 61Paragraph 61 Repealed
  265. Courts of inquiry under section 52 of the Merchant Shipping Act 1970
  266. 62Paragraph 62 Repealed
  267. Chairman of a vaccine damage tribunal in Northern Ireland
  268. 63Paragraph 63 Repealed
  269. Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
  270. 64Paragraph 64 Repealed
  271. Chairman of a tribunal constituted under section 28 of the Banking Act 1987
  272. 65Paragraph 65 Repealed
  273. Arbitrators appointed under Schedule 10 to the Electricity Act 1989
  274. 66Paragraph 66 Repealed
  275. Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992
  276. 67Paragraph 67 Repealed
  277. Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
  278. 68Paragraph 68 Repealed
  279. Schedule 7Retirement dates: transitional provisions
  280. Interpretation
  281. 1Paragraph 1
  282. Salaried offices
  283. 2Paragraph 2 Repealed
  284. Fee-paid offices
  285. 3Paragraph 3 Repealed
  286. Persons holding a relevant office by virtue of a continuation power
  287. 4Paragraph 4 Repealed
  288. Ascertainment of potential retirement date
  289. 5Paragraph 5 Repealed
  290. Schedule 8: Minor and consequential amendments
  291. The Courts-Martial (Appeals) Act 1951
  292. 1Paragraph 1
  293. The County Courts Act (Northern Ireland) 1959
  294. 2Paragraph 2
  295. The Resident Magistrates’ Pensions Act (Northern Ireland) 1960
  296. 3Paragraph 3
  297. The Foreign Compensation Act 1962
  298. 4Paragraph 4
  299. The Lands Tribunal and Compensation Act (Northern Ireland) 1964
  300. 5Paragraph 5
  301. The Superannuation Act 1965
  302. 6Paragraph 6
  303. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969
  304. 7Paragraph 7
  305. The Taxes Management Act 1970
  306. 8Paragraph 8
  307. The Immigration Act 1971
  308. 9Paragraph 9
  309. The Administration of Justice Act 1973
  310. 10Paragraph 10
  311. The Social Security (Northern Ireland) Act 1975
  312. 11Paragraph 11
  313. The Social Security Pensions Act 1975
  314. 12Paragraph 12 Repealed
  315. The Social Security Pensions (Northern Ireland) Order 1975
  316. 13Paragraph 13 Repealed
  317. The Judicature (Northern Ireland) Act 1978
  318. 14Paragraph 14
  319. The Supreme Court Act 1981
  320. 15Paragraph 15
  321. The Value Added Tax Act 1983
  322. 16Paragraph 16 Repealed
  323. The County Courts Act 1984
  324. 17Paragraph 17
  325. The Social Security Act 1986
  326. 18Paragraph 18 Repealed
  327. The Social Security (Northern Ireland) Order 1986
  328. 19Paragraph 19 Repealed
  329. The Criminal Justice Act 1988
  330. 20Paragraph 20
  331. The Child Support Act 1991
  332. 21Paragraph 21
  333. The Child Support (Northern Ireland) Order 1991
  334. 22Paragraph 22 Repealed
  335. The Social Security Administration Act 1992
  336. 23Paragraph 23 Repealed
  337. The Social Security Administration (Northern Ireland) Act 1992
  338. 24Paragraph 24 Repealed
  339. Schedule 9Repeals and revocations