Public Service Pensions and Judicial Offices Act 2022
2022 c. 7 · Enacted 10 March 2022 · Extends to United Kingdom
An Act to make provision about public service pension schemes, including retrospective provision to rectify unlawful discrimination in the way in which existing schemes were restricted under the Public Service Pensions Act 2013 and corresponding Northern Ireland legislation; to make provision for the establishment of new public pension schemes for members of occupational pension schemes of bodies that were brought into public ownership under the Banking (Special Provisions) Act 2008; to make provision about the remuneration and the date of retirement of holders of certain judicial offices; to make provision about judicial service after retirement; and for connected purposes.
[10th March 2022]
Be 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:—C1C2C3C4C5C6C7C8C9C10C11C12C13
Annotations to the whole text
Modifications
- C1
Act modified (S.) (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 50
- C2
Act modified (S.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/242), regs. 1(b), 50(2)
- C3
Act modified (E.W.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) Regulations 2023 (S.I. 2023/843), regs. 1(b), 50(2)
- C4
Act modified (E.W.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023 (S.I. 2023/961), regs. 1(3), 54(8)
- C5
Act modified (E.W.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023 (S.I. 2023/961), regs. 1(3), 53(2)
- C6
Act modified (S.) (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 51(6)
- C7
Act modified (S.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/242), regs. 1(b), 51(7)(b)
- C8
Act modified (N.I.) (1.10.2023) by The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/122), regs. 1(b), 50(1)
- C9
Act modified (N.I.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/133), regs. 1, 51(8)
- C10
Act modified (E.W.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) Regulations 2023 (S.I. 2023/843), regs. 1(b), 51(8)
- C11
Act modified (E.W.) (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 50(1)
- C12
Act modified (N.I.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/133), regs. 1, 50(2)
- C13
Act modified (E.W.) (1.10.2023) by The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023 (S.I. 2023/961), regs. 1(3), 30(10)
Contents
- Part 1: Public service pension schemes
- Chapter 1: Schemes other than judicial schemes and local government schemes
- Remediable service
- 1Meaning of “remediable service”
- Retrospective provision about remediable service
- 2Remediable service treated as pensionable under Chapter 1 legacy schemes
- 3Benefits already paid
- 4Meaning of “the relevant Chapter 1 legacy scheme” etc
- 5Election for retrospective provision to apply to opted-out service
- Pensioner and deceased members: immediate choice of new scheme benefits
- 6Immediate choice to receive new scheme benefits
- 7Elections by virtue of section 6: timing and procedure
- 8Power to deem election by virtue of section 6 to have been made
- 9Persons with remediable service in more than one Chapter 1 legacy scheme
- Active and deferred members: deferred choice of new scheme benefits
- 10Deferred choice to receive new scheme benefits
- 11Elections by virtue of section 10: timing and procedure
- 12Power to deem election by virtue of section 10 to have been made
- 13Persons with remediable service in more than one Chapter 1 legacy scheme
- Pension benefits and contributions: corrections
- 14Pension benefits and lump sum benefits: pensioner and deceased members
- 15Pension contributions: pensioner and deceased members
- 16Pension contributions: active and deferred members (immediate correction)
- 17Pension contributions: active and deferred members (deferred correction)
- 18Powers to reduce or waive liabilities
- Powers to make provision in relation to special cases
- 19Pension credit members
- 20Voluntary contributions
- 21Transfers
- 22Further powers to make provision about special cases
- Compensation
- 23Power to pay compensation
- 24Indirect compensation
- 25Remedial arrangements to pay voluntary contributions to legacy schemes
- Further provision about corrections, special cases and compensation
- 26Interest and process
- 27Treasury directions
- Miscellaneous
- 28Scheme rules that prohibit unauthorised payments
- 29Remediable service statements
- 30Section 61 of the Equality Act 2010 etc
- Immediate detriment cases
- 31Application of Chapter to immediate detriment cases
- 32Whether an “immediate detriment remedy” has been obtained
- Interpretation
- 33Meaning of “Chapter 1 scheme” etc
- 34Meaning of “new scheme benefits”
- 35Meaning of “legacy scheme contributions” and “new scheme contributions”
- 36Meaning of “opted-out service”
- 37Scheme regulations
- 38Interpretation of Chapter
- Chapter 2: Judicial schemes
- Remediable service
- 39Meaning of “remediable service”
- Options exercise
- 40Legacy scheme elections
- 41Partnership pension account: requirement to transfer and surrender rights
- 42Legacy scheme elections: effect
- 43Meaning of “the relevant judicial legacy salaried scheme”
- 442015 scheme elections
- 452015 scheme elections: effect
- 46Person by whom election is to be made
- Options exercise: further provision
- 47Cases in which 2015 scheme election treated as made
- 48Benefits for children where election made
- 49Effect of elections on benefits previously paid or payable
- 50Effect of elections on pension contributions previously paid or payable
- Pension benefits and contributions: corrections
- 51Pension benefits and lump sums benefits
- 52Pension contributions
- 53Effective pension age payments
- 54Transitional protection allowance
- 55Power to reduce benefits in lieu of paying liabilities owed to scheme
- 56Powers to reduce or waive liabilities
- Powers to make provision in relation to special cases
- 57Pension credit members
- 58Further powers to make provision about special cases
- Compensation
- 59Power to pay compensation
- 60Remedial arrangements to pay voluntary contributions to judicial schemes
- Further provision about corrections, special cases and compensation
- 61Interest and process
- 62Treasury directions
- Miscellaneous
- 63Scheme rules that prohibit unauthorised payments
- 64Information statements
- 65Power to delegate
- 66Section 61 of the Equality Act 2010 etc
- Immediate detriment cases
- 67Application of Chapter to immediate detriment cases
- 68Whether an “immediate detriment remedy” has been obtained
- Interpretation
- 69Meaning of “the election period”
- 70Meaning of “a judicial scheme” etc
- 71Meaning of “judicial office” etc
- 72Meaning of “the relevant authority”
- 73Meaning of “opted-out service” and “PPA opted-out service”
- 74Scheme regulations
- 75Interpretation of Chapter
- 76Modifications of Chapter in relation to fee-paid judicial offices
- Chapter 3: Local government schemes
- Remediable service
- 77Meaning of “remediable service”
- Power to pay final salary benefits
- 78Power to pay final salary benefits
- 79Section 78: transitional provision
- Power to make provision in relation to special cases
- 80Pension credit members
- 81Further powers to make provision about special cases
- Compensation
- 82Power to pay compensation
- 83Indirect compensation
- Further provision about final salary benefits, special cases and compensation
- 84Interest and process
- 85Treasury directions
- Interpretation
- 86Meaning of “local government scheme” etc
- 87Interpretation of Chapter
- Chapter 4: General
- Restriction of schemes from 31 March 2022
- 88Restriction of existing schemes
- 89Restriction of existing schemes: savings and transitional provision
- 90Restriction of other schemes
- 91Prohibition of new arrangements to pay voluntary contributions
- Employer cost cap
- 92Amendments relating to employer cost cap
- 93Operation of employer cost cap in relation to 2016/17 valuation
- Other amendments of PSPA 2013 and PSPA(NI) 2014
- 94Amendments relating to scheme regulations
- 95Amendments relating to the establishment or restriction of schemes
- 96Amendments relating to the Secret Intelligence Service etc
- 97Amendments relating to the judiciary
- 98Amendments relating to non-scheme benefits
- 99Amendments relating to pension schemes for members of the Senedd
- 100Guidance to public service pension scheme managers on investment decisions
- Miscellaneous
- 101Power of Treasury to make scheme for compensation
- 102Power of Department of Finance to make scheme for compensation
- 103Power to make provision in relation to certain fee-paid judges
- 104HMRC information-sharing and other functions relating to compensation etc
- 105Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006
- 106Minor amendment
- 107Parliamentary procedure for judicial schemes: transitory provision
- 108Power to make consequential provision
- Interpretation of Part
- 109Meaning of “member” etc
- 110Interpretation of Part
- Part 2: Pensions and Banking (Special Provisions) Act 2008 Bodies
- New public pension schemes
- 111Establishment of new public schemes and transfer of rights
- 112New public schemes: further provision
- 113Protection against adverse treatment: transfer of rights
- 114Protection against adverse treatment: amendment of new public schemes
- 115Transfer of assets and liabilities
- Other liabilities to pay pensions
- 116Transfer of other pensions and benefits
- Supplementary
- 117Taxation
- 118Information
- 119Regulations
- 120Interpretation
- Part 3: Judicial offices
- Judicial pay and conditions
- 121Retirement date for holders of judicial offices etc
- 122Allowances for judicial office holders
- Sitting in retirement offices
- 123Sitting in retirement offices
- 124Appointment to sitting in retirement offices
- 125Appointment to sitting in retirement offices: further provision
- 126Discipline and removal from office
- 127Power to add new offices
- Consequential etc provision
- 128Consequential etc provision
- Part 4: General
- 129Regulations and directions
- 130Extent
- 131Commencement
- 132Short title
- Schedule 1: Retirement date for holders of judicial offices etc
- Part 1: Amendments of legislation
- 1Pensions Appeal Tribunals Act 1943 (c. 39)
- 2Agriculture Act 1947 (c. 48)
- 3Lands Tribunal Act 1949 (c. 42)
- 4Foreign Compensation Act 1950 (c. 12)
- 5Courts-Martial (Appeals) Act 1951 (c. 46)
- 6County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
- 7Judicial Pensions Act 1959 (c. 9)
- 8Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c.2 (N.I))
- 9Betting, Gaming and Lotteries Act 1963 (c. 2)
- 10Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
- 11Courts Act 1971 (c. 23)
- 12Misuse of Drugs Act 1971 (c. 38)
- 13Industry Act 1975 (c. 68)
- 14Rent Act 1977 (c. 42)
- 15Judicature (Northern Ireland) Act 1978 (c. 23)
- 16Senior Courts Act 1981 (c. 54)
- 17Public Passenger Vehicles Act 1981 (c. 14)
- 18Mental Health Act 1983 (c. 20)
- 19County Courts Act 1984 (c. 28)
- 20Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
- 21Transport Act 1985 (c. 67)
- 22Copyright, Designs and Patents Act 1988 (c. 48)
- 23Child Support Act 1991 (c. 48)
- 24Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 25Judicial Pensions and Retirement Act 1993 (c. 8)
- 26Merchant Shipping Act 1995 (c. 21)
- 27Reserve Forces Act 1996 (c. 14)
- 28Employment Tribunals Act 1996 (c. 17)
- 29Plant Varieties Act 1997 (c. 66)
- 30Social Security Act 1998 (c. 14)
- 31The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
- 32The Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
- 33Courts Act 2003 (c. 39)
- 34Education Act 2005 (c. 18)
- 35Constitutional Reform Act 2005 (c. 4)
- 36Tribunals, Courts and Enforcement Act 2007 (c. 15)
- 37Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
- 38Coroners and Justice Act 2009 (c. 25)
- 39Welsh Language (Wales) Measure 2011 (2011 nawm 1)
- 40Tribunals (Scotland) Act 2014 (asp 10)
- 41Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))
- 42Victims’ Payment Regulations 2020 (S.I. 2020/103)
- Part 2: Transitional provision
- 43General
- 44Lay justices in England and Wales
- 45Lay magistrates in Northern Ireland
- Part 3: Repeal of spent provisions etc
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Schedule 2: Allowances payable to judicial office holders
- 1Compensation (Defence) Act 1939 (c. 75)
- 2Lands Tribunal Act 1949 (c. 42)
- 3Courts-Martial (Appeals) Act 1951 (c. 46)
- 4Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
- 5County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
- 6Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
- 7Courts-Martial (Appeals) Act 1968 (c. 20)
- 8Administration of Justice Act 1973 (c. 15)
- 9Senior Courts Act 1981 (c. 54)
- 10County Courts Act 1984 (c. 28)
- 11Transport Act 1985 (c. 67)
- 12Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 13Scottish Land Court Act 1993 (c. 45)
- 14Merchant Shipping Act 1995 (c. 21)
- 15Employment Tribunals Act 1996 (c. 17)
- 16Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
- 17Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18))
- 18Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 269)
- 19Traffic Management (Northern Ireland) Order 2005 No. 1964 (N.I. 14)
- 20Judiciary and Courts (Scotland) Act 2008 (asp 6)
- 21Courts Reform (Scotland) Act 2014 (asp 18)
- Schedule 3: Judicial offices
- 1Lord Chief Justice as appointing authority for corresponding sitting in retirement office
- 2Senior President of Tribunals as appointing authority for corresponding sitting in retirement office
- 3Lord Chief Justice of Northern Ireland as appointing authority for corresponding sitting in retirement office
- 4Northern Ireland Judicial Appointments Commission as appointing authority for corresponding sitting in retirement office
- 5President of Welsh Tribunals as appointing authority for corresponding sitting in retirement office
- 6Lord President of the Court of Session as appointing authority for corresponding sitting in retirement office
- Schedule 4: Consequential etc amendments in connection with Part 3
- Part 1: Amendments of primary legislation
- 1Courts-Martial Appeals Act 1951 (c. 46)
- 2Administration of Justice Act 1970 (c. 31)
- 3Courts Act 1971 (c. 23)
- 4Judicature (Northern Ireland) Act 1978 (c. 23)
- 5Senior Courts Act 1981 (c. 54)
- 6County Courts Act 1984 (c. 28)
- 7Matrimonial and Family Proceedings Act 1984 (c. 42)
- 8Judicial Pensions and Retirement Act 1993 (c. 8)
- 9Employment Tribunals Act 1996 (c. 17)
- 10Courts Act 2003 (c. 39)
- 11Constitutional Reform Act 2005 (c. 4)
- Part 2: Amendments of secondary legislation
- 12Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917)
- Part 3: Repeal of spent provisions
- 13Judicial Pensions and Retirement Act 1993 (c. 8)
- 14Tribunals, Courts and Enforcement Act 2007 (c. 15)
- 15Crime and Courts Act 2013 (c. 22)