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Public Service Pensions and Judicial Offices Act 2022

2022 c. 7 · Enacted 10 March 2022 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 October 2026.

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ProvisionChangeMade by
Sch. 4 para. 2(1)repealedPublic Service Pensions and Judicial Offices Act 2022 Sch. 4 para. 2(2)

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

  1. Part 1: Public service pension schemes
  2. Chapter 1: Schemes other than judicial schemes and local government schemes
  3. Remediable service
  4. 1Meaning of “remediable service”
  5. Retrospective provision about remediable service
  6. 2Remediable service treated as pensionable under Chapter 1 legacy schemes
  7. 3Benefits already paid
  8. 4Meaning of “the relevant Chapter 1 legacy scheme” etc
  9. 5Election for retrospective provision to apply to opted-out service
  10. Pensioner and deceased members: immediate choice of new scheme benefits
  11. 6Immediate choice to receive new scheme benefits
  12. 7Elections by virtue of section 6: timing and procedure
  13. 8Power to deem election by virtue of section 6 to have been made
  14. 9Persons with remediable service in more than one Chapter 1 legacy scheme
  15. Active and deferred members: deferred choice of new scheme benefits
  16. 10Deferred choice to receive new scheme benefits
  17. 11Elections by virtue of section 10: timing and procedure
  18. 12Power to deem election by virtue of section 10 to have been made
  19. 13Persons with remediable service in more than one Chapter 1 legacy scheme
  20. Pension benefits and contributions: corrections
  21. 14Pension benefits and lump sum benefits: pensioner and deceased members
  22. 15Pension contributions: pensioner and deceased members
  23. 16Pension contributions: active and deferred members (immediate correction)
  24. 17Pension contributions: active and deferred members (deferred correction)
  25. 18Powers to reduce or waive liabilities
  26. Powers to make provision in relation to special cases
  27. 19Pension credit members
  28. 20Voluntary contributions
  29. 21Transfers
  30. 22Further powers to make provision about special cases
  31. Compensation
  32. 23Power to pay compensation
  33. 24Indirect compensation
  34. 25Remedial arrangements to pay voluntary contributions to legacy schemes
  35. Further provision about corrections, special cases and compensation
  36. 26Interest and process
  37. 27Treasury directions
  38. Miscellaneous
  39. 28Scheme rules that prohibit unauthorised payments
  40. 29Remediable service statements
  41. 30Section 61 of the Equality Act 2010 etc
  42. Immediate detriment cases
  43. 31Application of Chapter to immediate detriment cases
  44. 32Whether an “immediate detriment remedy” has been obtained
  45. Interpretation
  46. 33Meaning of “Chapter 1 scheme” etc
  47. 34Meaning of “new scheme benefits”
  48. 35Meaning of “legacy scheme contributions” and “new scheme contributions”
  49. 36Meaning of “opted-out service”
  50. 37Scheme regulations
  51. 38Interpretation of Chapter
  52. Chapter 2: Judicial schemes
  53. Remediable service
  54. 39Meaning of “remediable service”
  55. Options exercise
  56. 40Legacy scheme elections
  57. 41Partnership pension account: requirement to transfer and surrender rights
  58. 42Legacy scheme elections: effect
  59. 43Meaning of “the relevant judicial legacy salaried scheme”
  60. 442015 scheme elections
  61. 452015 scheme elections: effect
  62. 46Person by whom election is to be made
  63. Options exercise: further provision
  64. 47Cases in which 2015 scheme election treated as made
  65. 48Benefits for children where election made
  66. 49Effect of elections on benefits previously paid or payable
  67. 50Effect of elections on pension contributions previously paid or payable
  68. Pension benefits and contributions: corrections
  69. 51Pension benefits and lump sums benefits
  70. 52Pension contributions
  71. 53Effective pension age payments
  72. 54Transitional protection allowance
  73. 55Power to reduce benefits in lieu of paying liabilities owed to scheme
  74. 56Powers to reduce or waive liabilities
  75. Powers to make provision in relation to special cases
  76. 57Pension credit members
  77. 58Further powers to make provision about special cases
  78. Compensation
  79. 59Power to pay compensation
  80. 60Remedial arrangements to pay voluntary contributions to judicial schemes
  81. Further provision about corrections, special cases and compensation
  82. 61Interest and process
  83. 62Treasury directions
  84. Miscellaneous
  85. 63Scheme rules that prohibit unauthorised payments
  86. 64Information statements
  87. 65Power to delegate
  88. 66Section 61 of the Equality Act 2010 etc
  89. Immediate detriment cases
  90. 67Application of Chapter to immediate detriment cases
  91. 68Whether an “immediate detriment remedy” has been obtained
  92. Interpretation
  93. 69Meaning of “the election period”
  94. 70Meaning of “a judicial scheme” etc
  95. 71Meaning of “judicial office” etc
  96. 72Meaning of “the relevant authority”
  97. 73Meaning of “opted-out service” and “PPA opted-out service”
  98. 74Scheme regulations
  99. 75Interpretation of Chapter
  100. 76Modifications of Chapter in relation to fee-paid judicial offices
  101. Chapter 3: Local government schemes
  102. Remediable service
  103. 77Meaning of “remediable service”
  104. Power to pay final salary benefits
  105. 78Power to pay final salary benefits
  106. 79Section 78: transitional provision
  107. Power to make provision in relation to special cases
  108. 80Pension credit members
  109. 81Further powers to make provision about special cases
  110. Compensation
  111. 82Power to pay compensation
  112. 83Indirect compensation
  113. Further provision about final salary benefits, special cases and compensation
  114. 84Interest and process
  115. 85Treasury directions
  116. Interpretation
  117. 86Meaning of “local government scheme” etc
  118. 87Interpretation of Chapter
  119. Chapter 4: General
  120. Restriction of schemes from 31 March 2022
  121. 88Restriction of existing schemes
  122. 89Restriction of existing schemes: savings and transitional provision
  123. 90Restriction of other schemes
  124. 91Prohibition of new arrangements to pay voluntary contributions
  125. Employer cost cap
  126. 92Amendments relating to employer cost cap
  127. 93Operation of employer cost cap in relation to 2016/17 valuation
  128. Other amendments of PSPA 2013 and PSPA(NI) 2014
  129. 94Amendments relating to scheme regulations
  130. 95Amendments relating to the establishment or restriction of schemes
  131. 96Amendments relating to the Secret Intelligence Service etc
  132. 97Amendments relating to the judiciary
  133. 98Amendments relating to non-scheme benefits
  134. 99Amendments relating to pension schemes for members of the Senedd
  135. 100Guidance to public service pension scheme managers on investment decisions
  136. Miscellaneous
  137. 101Power of Treasury to make scheme for compensation
  138. 102Power of Department of Finance to make scheme for compensation
  139. 103Power to make provision in relation to certain fee-paid judges
  140. 104HMRC information-sharing and other functions relating to compensation etc
  141. 105Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006
  142. 106Minor amendment
  143. 107Parliamentary procedure for judicial schemes: transitory provision
  144. 108Power to make consequential provision
  145. Interpretation of Part
  146. 109Meaning of “member” etc
  147. 110Interpretation of Part
  148. Part 2: Pensions and Banking (Special Provisions) Act 2008 Bodies
  149. New public pension schemes
  150. 111Establishment of new public schemes and transfer of rights
  151. 112New public schemes: further provision
  152. 113Protection against adverse treatment: transfer of rights
  153. 114Protection against adverse treatment: amendment of new public schemes
  154. 115Transfer of assets and liabilities
  155. Other liabilities to pay pensions
  156. 116Transfer of other pensions and benefits
  157. Supplementary
  158. 117Taxation
  159. 118Information
  160. 119Regulations
  161. 120Interpretation
  162. Part 3: Judicial offices
  163. Judicial pay and conditions
  164. 121Retirement date for holders of judicial offices etc
  165. 122Allowances for judicial office holders
  166. Sitting in retirement offices
  167. 123Sitting in retirement offices
  168. 124Appointment to sitting in retirement offices
  169. 125Appointment to sitting in retirement offices: further provision
  170. 126Discipline and removal from office
  171. 127Power to add new offices
  172. Consequential etc provision
  173. 128Consequential etc provision
  174. Part 4: General
  175. 129Regulations and directions
  176. 130Extent
  177. 131Commencement
  178. 132Short title
  179. Schedule 1: Retirement date for holders of judicial offices etc
  180. Part 1: Amendments of legislation
  181. 1Pensions Appeal Tribunals Act 1943 (c. 39)
  182. 2Agriculture Act 1947 (c. 48)
  183. 3Lands Tribunal Act 1949 (c. 42)
  184. 4Foreign Compensation Act 1950 (c. 12)
  185. 5Courts-Martial (Appeals) Act 1951 (c. 46)
  186. 6County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
  187. 7Judicial Pensions Act 1959 (c. 9)
  188. 8Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c.2 (N.I))
  189. 9Betting, Gaming and Lotteries Act 1963 (c. 2)
  190. 10Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
  191. 11Courts Act 1971 (c. 23)
  192. 12Misuse of Drugs Act 1971 (c. 38)
  193. 13Industry Act 1975 (c. 68)
  194. 14Rent Act 1977 (c. 42)
  195. 15Judicature (Northern Ireland) Act 1978 (c. 23)
  196. 16Senior Courts Act 1981 (c. 54)
  197. 17Public Passenger Vehicles Act 1981 (c. 14)
  198. 18Mental Health Act 1983 (c. 20)
  199. 19County Courts Act 1984 (c. 28)
  200. 20Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
  201. 21Transport Act 1985 (c. 67)
  202. 22Copyright, Designs and Patents Act 1988 (c. 48)
  203. 23Child Support Act 1991 (c. 48)
  204. 24Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  205. 25Judicial Pensions and Retirement Act 1993 (c. 8)
  206. 26Merchant Shipping Act 1995 (c. 21)
  207. 27Reserve Forces Act 1996 (c. 14)
  208. 28Employment Tribunals Act 1996 (c. 17)
  209. 29Plant Varieties Act 1997 (c. 66)
  210. 30Social Security Act 1998 (c. 14)
  211. 31The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
  212. 32The Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
  213. 33Courts Act 2003 (c. 39)
  214. 34Education Act 2005 (c. 18)
  215. 35Constitutional Reform Act 2005 (c. 4)
  216. 36Tribunals, Courts and Enforcement Act 2007 (c. 15)
  217. 37Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
  218. 38Coroners and Justice Act 2009 (c. 25)
  219. 39Welsh Language (Wales) Measure 2011 (2011 nawm 1)
  220. 40Tribunals (Scotland) Act 2014 (asp 10)
  221. 41Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))
  222. 42Victims’ Payment Regulations 2020 (S.I. 2020/103)
  223. Part 2: Transitional provision
  224. 43General
  225. 44Lay justices in England and Wales
  226. 45Lay magistrates in Northern Ireland
  227. Part 3: Repeal of spent provisions etc
  228. 46Paragraph 46
  229. 47Paragraph 47
  230. 48Paragraph 48
  231. 49Paragraph 49
  232. 50Paragraph 50
  233. Schedule 2: Allowances payable to judicial office holders
  234. 1Compensation (Defence) Act 1939 (c. 75)
  235. 2Lands Tribunal Act 1949 (c. 42)
  236. 3Courts-Martial (Appeals) Act 1951 (c. 46)
  237. 4Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
  238. 5County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
  239. 6Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
  240. 7Courts-Martial (Appeals) Act 1968 (c. 20)
  241. 8Administration of Justice Act 1973 (c. 15)
  242. 9Senior Courts Act 1981 (c. 54)
  243. 10County Courts Act 1984 (c. 28)
  244. 11Transport Act 1985 (c. 67)
  245. 12Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  246. 13Scottish Land Court Act 1993 (c. 45)
  247. 14Merchant Shipping Act 1995 (c. 21)
  248. 15Employment Tribunals Act 1996 (c. 17)
  249. 16Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
  250. 17Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18))
  251. 18Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 269)
  252. 19Traffic Management (Northern Ireland) Order 2005 No. 1964 (N.I. 14)
  253. 20Judiciary and Courts (Scotland) Act 2008 (asp 6)
  254. 21Courts Reform (Scotland) Act 2014 (asp 18)
  255. Schedule 3: Judicial offices
  256. 1Lord Chief Justice as appointing authority for corresponding sitting in retirement office
  257. 2Senior President of Tribunals as appointing authority for corresponding sitting in retirement office
  258. 3Lord Chief Justice of Northern Ireland as appointing authority for corresponding sitting in retirement office
  259. 4Northern Ireland Judicial Appointments Commission as appointing authority for corresponding sitting in retirement office
  260. 5President of Welsh Tribunals as appointing authority for corresponding sitting in retirement office
  261. 6Lord President of the Court of Session as appointing authority for corresponding sitting in retirement office
  262. Schedule 4: Consequential etc amendments in connection with Part 3
  263. Part 1: Amendments of primary legislation
  264. 1Courts-Martial Appeals Act 1951 (c. 46)
  265. 2Administration of Justice Act 1970 (c. 31)
  266. 3Courts Act 1971 (c. 23)
  267. 4Judicature (Northern Ireland) Act 1978 (c. 23)
  268. 5Senior Courts Act 1981 (c. 54)
  269. 6County Courts Act 1984 (c. 28)
  270. 7Matrimonial and Family Proceedings Act 1984 (c. 42)
  271. 8Judicial Pensions and Retirement Act 1993 (c. 8)
  272. 9Employment Tribunals Act 1996 (c. 17)
  273. 10Courts Act 2003 (c. 39)
  274. 11Constitutional Reform Act 2005 (c. 4)
  275. Part 2: Amendments of secondary legislation
  276. 12Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917)
  277. Part 3: Repeal of spent provisions
  278. 13Judicial Pensions and Retirement Act 1993 (c. 8)
  279. 14Tribunals, Courts and Enforcement Act 2007 (c. 15)
  280. 15Crime and Courts Act 2013 (c. 22)