Judicial Pensions and Retirement Act 1993
1993 c. 8 · Enacted 29 March 1993 · Extends to United Kingdom
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
- Part I: New Arrangements for Judicial Pensions
- Application of Part I
- 1Persons to whom this Part applies.
- Pensions for judicial officers
- 2The judicial officer’s entitlement to a pension.
- 3The appropriate annual rate.
- Derivative benefits
- 4Lump sum on the judicial officer’s retirement or death.
- 5Surviving spouse’s and surviving civil partner's pension.
- 6Grant and payment of a children’s pension.
- 7Children’s pension: meaning of “period of childhood and full-time education”.
- 8Rate of children’s pension.
- 9Contribution towards cost of surviving spouse’s , surviving civil partner's and children’s pension.
- Contributions
- 9AContributions towards cost of judicial pension etc
- Additional voluntary contributions
- 10Additional benefits from voluntary contributions.
- Relationship with other pension schemes
- 11Provision against pensions under two or more judicial pension schemes.
- 12Transfer of rights under judicial pension schemes.
- 12ATransfer of rights under other public service pension schemes
- 12BRate of pension etc. where rights transferred under section 12 or 12A
- 13Election for personal pension instead of judicial pension.
- Supplemental provisions
- 14Application of this Part to holders of the office of Lord Chancellor.
- 15Circuit judges: the Recorder of London and the Common Serjeant.
- 16Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.
- 17Effect of certain nullity decrees.
- 18Continuity of tax treatment. Repealed
- Part 1A: FEE-PAID JUDGES
- 18APension scheme for fee-paid judges
- Part II: Miscellaneous, General and Supplementary Provisions
- Additional benefits in respect of disregarded earnings
- 19Benefits in respect of earnings in excess of pension-capped salary.
- General provisions connected with the new schemes
- 20Appeals.
- 21Pensions payable to judicial officers etc. by local authorities in England and Wales.
- 22Application of the Pensions (Increase) Act 1971.
- 23Transfer of accrued benefits.
- 23APension credits
- 24Corresponding minor amendments to other enactments.
- Pensions for senior public investigative officers
- 25The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.
- Retirement date for certain judicial officers etc
- 26Retirement date for holders of certain judicial offices etc.
- 27Completion of proceedings after retirement.
- Miscellaneous and supplementary provisions
- 28Payments charged on Consolidated Fund etc.
- 28ANorthern Ireland
- 29Regulations and orders.
- 30Interpretation.
- 31Short title, supplementary provisions and extent.
- Schedule 1: The offices which may be qualifying judicial offices
- Part I: Judges
- Paragraph
- Part II: Other appointments
- Court officers
- Paragraph
- Members of tribunals
- Paragraph
- Other offices whose holders are appointed by the Lord Chancellor
- Paragraph
- Other offices
- Paragraph
- Schedule 1A: SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS
- Part: The commencement date
- 1Paragraph 1
- Part: Service wholly before the commencement date
- 2Paragraph 2
- Part: Service partly before and partly on the commencement date
- 3Paragraph 3
- Schedule 2: Transfer of accrued benefits
- Part I: General
- Interpretation
- 1Paragraph 1
- Regulations
- 2Paragraph 2
- Other provisions about transfer values
- 3Paragraph 3
- Part II: Transfers out
- Qualifying members
- 4Paragraph 4
- Qualifying member’s right to a transfer payment
- 5Paragraph 5
- Method of taking cash benefit
- 6Paragraph 6
- Calculation of cash equivalents
- 7Paragraph 7
- Time within which option must be exercised
- 8Paragraph 8
- Option to be exercised in writing
- 9Paragraph 9
- Cancellation of exercise of option
- 10Paragraph 10
- Part III: Transfers in
- Application to accept payment into scheme
- 11Paragraph 11
- Cancellation of request
- 12Paragraph 12
- Regulations
- 13Paragraph 13
- Schedule 2A: PENSION CREDITS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: Corresponding minor amendments to other pensions enactments
- Part I: Amendments of the 1981 Act
- Dependent children: maximum allowable remuneration
- 1Paragraph 1
- Appeals
- 2Paragraph 2
- Additional voluntary contributions
- 3Paragraph 3
- Part II: Amendment of the Sheriffs’ Pensions (Scotland) Act 1961
- Appeals
- 4Paragraph 4
- Part III: Amendments of Northern Ireland Provisions
- Interpretation
- 5Paragraph 5
- Dependent children: maximum allowable remuneration
- 6Paragraph 6
- Appeals
- 7Paragraph 7
- Additional voluntary contributions
- 8Paragraph 8
- Schedule 4: Pensions for senior public investigative officers
- Part I: The Comptroller and Auditor General
- 1Paragraph 1
- Part II: The Parliamentary Commissioner for Administration
- 2Paragraph 2
- Part III: The Health Service Commissioners
- The Health Service Commissioners for England and for Wales
- 3Paragraph 3
- The Health Service Commissioner for Scotland
- 4Paragraph 4
- Part IV: The Comptroller and Auditor General for Northern Ireland
- 5Paragraph 5
- Part V: The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 5: Retirement provisions: the relevant offices
- Paragraph
- Schedule 6: Retirement dates for certain judicial offices
- The Judicial Committee of the Privy Council
- 1Paragraph 1 Repealed
- Lords of Appeal
- 2Paragraph 2 Repealed
- Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland
- 3Paragraph 3
- Judges of the Supreme Court
- 4Paragraph 4
- Acting and deputy judges
- 5Paragraph 5
- Temporary Judges of the Court of Session
- 6Paragraph 6 Repealed
- Acting judges of the High Court or Court of Appeal in Northern Ireland
- 7Paragraph 7
- Circuit judges
- 8Paragraph 8
- Recorders, deputy Circuit judges and assistant Recorders
- 9Paragraph 9
- Sheriffs
- 10Paragraph 10 Repealed
- Temporary sheriffs
- 11Paragraph 11 Repealed
- County Court Judge in Northern Ireland
- 12Paragraph 12
- Deputy judge of a county court in Northern Ireland
- 13Paragraph 13
- Officers of the Supreme Court
- 14Paragraph 14
- Deputy and temporary officers of the Supreme Court
- 15Paragraph 15 Repealed
- Deputy district judges of district registries of the High Court
- 16Paragraph 16
- District judges and deputy district judges of county courts
- 17Paragraph 17
- Statutory officers in Northern Ireland
- 18Paragraph 18
- Stipendiary magistrates in England and Wales
- 19Paragraph 19 Repealed
- Resident Magistrates in Northern Ireland
- 20Paragraph 20
- Social security: Commissioners, and the President and chairmen of appeal tribunals
- 21Paragraph 21 Repealed
- Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
- 22Paragraph 22
- Child support: Commissioners and chairmen of appeal tribunals
- 23Paragraph 23
- Chairmen of child support appeal tribunals in Northern Ireland
- 24Paragraph 24 Repealed
- Chairman of the Foreign Compensation Commission
- 25Paragraph 25
- Commons Commissioners
- 26Paragraph 26 Repealed
- President and chairmen of employment tribunals
- 27Paragraph 27 Repealed
- President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal
- 28Paragraph 28 Repealed
- President of the Industrial Court in Northern Ireland
- 29Paragraph 29 Repealed
- Members of the Employment Appeal Tribunal
- 30Paragraph 30 Repealed
- The Lands Tribunal and the Lands Tribunal for Scotland
- 31Paragraph 31
- The Lands Tribunal for Northern Ireland
- 32Paragraph 32
- Judge Advocate of Her Majesty’s Fleet
- 33Paragraph 33 Repealed
- Judge Advocate General and related offices
- 34Paragraph 34
- Value added tax tribunals
- 35Paragraph 35 Repealed
- Special, and deputy Special, Commissioners for Income Tax
- 36Paragraph 36 Repealed
- President or other member of the Immigration Appeal Tribunal
- 37Paragraph 37 Repealed
- Immigration adjudicators
- 38Paragraph 38 Repealed
- Pensions Appeal Tribunals
- 39Paragraph 39
- Mental Health Review Tribunals
- 40Paragraph 40
- The Financial Services Tribunal
- 41Paragraph 41 Repealed
- Tribunals and advisory bodies under the Misuse of Drugs Act 1971
- 42Paragraph 42
- Restrictive Practices Court
- 43Paragraph 43 Repealed
- Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988
- 44Paragraph 44 Repealed
- Arbitrator appointed under the Agricultural Holdings Act 1986
- 45Paragraph 45 Repealed
- Agricultural Land Tribunals
- 46Paragraph 46
- The Aircraft and Shipbuilding Industries Arbitration Tribunal
- 47Paragraph 47 Repealed
- Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963
- 48Paragraph 48
- The Copyright Tribunal
- 49Paragraph 49
- The Data Protection Tribunal
- 50Paragraph 50
- Independent Schools Tribunals
- 51Paragraph 51 Repealed
- President of a tribunal constituted under Schedule 3 to the Industry Act 1975
- 52Paragraph 52
- Tribunal constituted under Schedule 9 to the National Health Service Act 1977
- 53Paragraph 53 Repealed
- Chairman of the Plant Varieties and Seeds Tribunal
- 54Paragraph 54 Repealed
- Chairman of a Registered Homes Tribunal
- 55Paragraph 55 Repealed
- Rent Assessment Committees
- 56Paragraph 56
- The Transport Tribunal
- 57Paragraph 57
- Tribunal established under section 9 of the Wireless Telegraphy Act 1949
- 58Paragraph 58 Repealed
- Wreck commissioner
- 59Paragraph 59 Repealed
- Chairman of a Reinstatement Committee
- 60Paragraph 60
- Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954
- 61Paragraph 61 Repealed
- Courts of inquiry under section 52 of the Merchant Shipping Act 1970
- 62Paragraph 62 Repealed
- Chairman of a vaccine damage tribunal in Northern Ireland
- 63Paragraph 63 Repealed
- Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
- 64Paragraph 64 Repealed
- Chairman of a tribunal constituted under section 28 of the Banking Act 1987
- 65Paragraph 65 Repealed
- Arbitrators appointed under Schedule 10 to the Electricity Act 1989
- 66Paragraph 66 Repealed
- Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992
- 67Paragraph 67 Repealed
- Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
- 68Paragraph 68 Repealed
- Schedule 7Retirement dates: transitional provisions
- Interpretation
- 1Paragraph 1
- Salaried offices
- 2Paragraph 2 Repealed
- Fee-paid offices
- 3Paragraph 3 Repealed
- Persons holding a relevant office by virtue of a continuation power
- 4Paragraph 4 Repealed
- Ascertainment of potential retirement date
- 5Paragraph 5 Repealed
- Schedule 8: Minor and consequential amendments
- The Courts-Martial (Appeals) Act 1951
- 1Paragraph 1
- The County Courts Act (Northern Ireland) 1959
- 2Paragraph 2
- The Resident Magistrates’ Pensions Act (Northern Ireland) 1960
- 3Paragraph 3
- The Foreign Compensation Act 1962
- 4Paragraph 4
- The Lands Tribunal and Compensation Act (Northern Ireland) 1964
- 5Paragraph 5
- The Superannuation Act 1965
- 6Paragraph 6
- The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969
- 7Paragraph 7
- The Taxes Management Act 1970
- 8Paragraph 8
- The Immigration Act 1971
- 9Paragraph 9
- The Administration of Justice Act 1973
- 10Paragraph 10
- The Social Security (Northern Ireland) Act 1975
- 11Paragraph 11
- The Social Security Pensions Act 1975
- 12Paragraph 12 Repealed
- The Social Security Pensions (Northern Ireland) Order 1975
- 13Paragraph 13 Repealed
- The Judicature (Northern Ireland) Act 1978
- 14Paragraph 14
- The Supreme Court Act 1981
- 15Paragraph 15
- The Value Added Tax Act 1983
- 16Paragraph 16 Repealed
- The County Courts Act 1984
- 17Paragraph 17
- The Social Security Act 1986
- 18Paragraph 18 Repealed
- The Social Security (Northern Ireland) Order 1986
- 19Paragraph 19 Repealed
- The Criminal Justice Act 1988
- 20Paragraph 20
- The Child Support Act 1991
- 21Paragraph 21
- The Child Support (Northern Ireland) Order 1991
- 22Paragraph 22 Repealed
- The Social Security Administration Act 1992
- 23Paragraph 23 Repealed
- The Social Security Administration (Northern Ireland) Act 1992
- 24Paragraph 24 Repealed
- Schedule 9Repeals and revocations