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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

S.I. 2017/522 · Made 30 March 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

Public Service Pensions

Made 30th March 2017

Coming into force in accordance with regulation 1

M1M2The Lord Chancellor in relation to judicial offices for which she is the appropriate Minister within the meaning of section 30 of the Judicial Pensions and Retirement Act 1993 and the Secretary of State in relation to judicial offices for which he is the appropriate Minister within the meaning of section 30 of that Act, make the following Regulations in exercise of the powers conferred by section 18A of that Act .

In accordance with section 29(2A) of that Act a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.C1

Annotations to the whole text

Marginal citations

M1

1993 c.8.

M2

Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c.8).

Modifications

C1

Regulations applied (with modifications) (1.4.2021) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021 (S.I. 2021/444), regs. 1(1), 5

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Judicial office, retirement and partial retirement
  5. 4Qualifying fee-paid days and qualifying fee-paid service
  6. 5Reckonable service
  7. 6Qualifying judicial service
  8. 7Appropriate annual salary
  9. Part 2: PRINCIPAL SCHEME MEMBERSHIP
  10. 8Members
  11. 9Opted-out members and active members
  12. 10Opting out
  13. 11Opting back in
  14. Part 2A: Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions
  15. 11ACalculation of retirement benefits
  16. 11BConditions for retirement benefits and death benefits to be calculated under Part 2B
  17. 11CElections available to members
  18. 11DBenefits calculated under both the pre-1995 provisions and the post-1995 provisions
  19. Part 2B: Pre-1995 Provisions
  20. Chapter 1: Retirement Benefits
  21. 11ERetirement at or after normal pension age: entitlement to ordinary pension
  22. 11FAnnual rate of ordinary pension
  23. 11GRetirement under normal pension age on removal from judicial office: entitlement to reduced pension
  24. 11HAnnual rate of reduced pension
  25. 11IRetirement under normal pension age: entitlement to preserved pension
  26. 11JAnnual rate of preserved pension
  27. 11KRetirement due to ill-health: entitlement to ill-health ordinary pension
  28. 11LAnnual rate of ill-health ordinary pension
  29. 11MTimes at which pension under this Part is payable
  30. 11NLump sum: entitlement and amount
  31. 11OMultiple retirements
  32. Chapter 2: Death Benefits
  33. 11PInterpretation
  34. 11QEntitlement to surviving adult’s pension
  35. 11RAnnual rate of surviving adult’s pension
  36. 11SAnnual rate of surviving adult’s pension: special provision for surviving civil partners
  37. 11TPayment of a surviving adult’s pension
  38. 11UEntitlement to an eligible child’s pension
  39. 11VAnnual rate of eligible child’s pension
  40. 11WPayment and application of an eligible child’s pension
  41. 11XLump sum on death: death in service
  42. 11YLump sum on death: death after retirement of member with preserved pension
  43. 11ZLump sum on death: death soon after retirement of member entitled to pension
  44. Part 3: RETIREMENT BENEFITS: Post-1995 Provisions
  45. 11Z1Application and interpretation of Part 3
  46. 12Retirement aged 65 or over: entitlement to ordinary pension
  47. 13Annual rate of ordinary pension
  48. 14Retirement between the ages of 60 and 65: entitlement to reduced pension
  49. 15Retirement under age of 60 on removal from judicial office: entitlement to reduced pension
  50. 16Annual rate of reduced pension
  51. 17Retirement under the normal pension age: entitlement to preserved pension
  52. 18Annual rate of preserved pension
  53. 19Retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pension
  54. 20Annual rate of ill-health ordinary pension
  55. 21Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension
  56. 22Annual rate of ill-health enhanced pension
  57. 23Ill-health certification condition
  58. 24Times at which pension under this Part is payable
  59. 25Lump sum: entitlement and amount
  60. 26Multiple retirements
  61. Part 4: PARTIAL RETIREMENT
  62. 27Option to take partial retirement in relation to a fee-paid judicial office
  63. 28Effect of partial retirement
  64. Part 5: BENEFITS FOR PERSONS ENTITLED TO PENSION CREDITS
  65. 29Application of Part and interpretation
  66. 30Pension credit derived from the principal scheme: entitlement to pension
  67. 31Annual rate of pension under regulation 30
  68. 32Lump sum for transferee at age 65
  69. 33Lump sum where transferee dies before age 65
  70. 34Exclusions
  71. Part 6: DEATH BENEFITS: Post-1995 Provisions
  72. 35Interpretation and application of Part
  73. 36Entitlement to a surviving adult's pension
  74. 37Annual rate of surviving adult's pension
  75. 38Annual rate of surviving adult's pension: special provision for surviving civil partners
  76. 39Payment of a surviving adult's pension
  77. 40Meaning of “eligible child”
  78. 41Meaning of “eligible child”: the age condition and the occupation condition
  79. 42Entitlement to an eligible child's pension
  80. 43Annual rate of eligible child's pension
  81. 44Payment and application of an eligible child's pension
  82. 45Lump sum on death: death in service
  83. 46Lump sum on death: death after retirement of member with preserved pension
  84. 47Lump sum on death: death soon after retirement of member entitled to pension
  85. Part 7: BENEFITS IN RESPECT OF PERIODS BEFORE COMMENCEMENT
  86. 48Application of Part
  87. 49Meaning of “the interim payments amount” and “the pre-commencement benefits amount”
  88. 50Additional payment where no or insufficient interim payments made
  89. 51Deduction of any excess interim payments
  90. Part 7A: Refund of Excess Contributions
  91. 51AApplication of Part
  92. 51BDefinitions
  93. 51CAdditional payment of refund
  94. 51DRecovery of excess refund
  95. Part 8: CONTRIBUTIONS IN RESPECT OF PRE-COMMENCEMENT SERVICE
  96. 52Interpretation
  97. 53Liability to pay pre-commencement contributions amount
  98. 53ALiability to pay initial pre-commencement contributions amount
  99. 54Calculation of pre-commencement personal contributions amount
  100. 54ACalculation of initial pre-commencement personal contributions amount: service credit days
  101. 55Calculation of pre-commencement dependants’ contributions amounts
  102. 55ACalculation of initial pre-commencement dependants’ contributions amount
  103. 56Qualifying fee-paid days disregarded if they do not add to reckonable service
  104. 57The Contributions Table Repealed
  105. 58Payment of pre-commencement contributions amount
  106. 58APayment of initial pre-commencement contributions
  107. Part 9: CONTRIBUTIONS IN RESPECT OF SERVICE ON OR AFTER COMMENCEMENT DAY
  108. 59Interpretation
  109. 60Liability to pay contributions on fees in respect of qualifying fee-paid days
  110. 61Qualifying fee-paid days disregarded if they do not add to reckonable service
  111. 62Amount of contribution
  112. 63Contribution rates for fee years Repealed
  113. 64Payment of contribution
  114. Part 10: REPAYMENT OF DEPENDANTS' BENEFITS CONTRIBUTIONS
  115. 65Full repayment of dependants' benefits contributions on retirement
  116. 66Partial repayment of dependants' benefits contributions on retirement
  117. 67Full repayment of dependants' benefits contributions on partial retirement
  118. 68Partial repayment of dependants' benefits contributions on partial retirement
  119. 69Repayments under this Part to be paid with compound interest
  120. Part 10A: Commutation of small pensions
  121. 69ACommutation of small pensions
  122. Part 11: TRANSFERS
  123. Chapter 1: GENERAL
  124. 70Interpretation
  125. 71Disapplication of other provisions about transfers
  126. Chapter 2: TRANSFERS OUT
  127. 72Transfers out
  128. 73Qualifying member's right to a transfer payment
  129. 74Method of taking cash benefit
  130. 75Requirements to be satisfied by schemes
  131. 76Calculation of cash equivalents
  132. 77Delayed payments
  133. 78Calculation of market level adjustment
  134. 79Time within which option must be exercised
  135. 80Option to be exercised in writing
  136. 81Options: discharge of responsibility
  137. 82Cancellation of exercise of option
  138. Chapter 3: TRANSFERS IN
  139. 83Application of Chapter and interpretation
  140. 84Application to accept payment into scheme
  141. 85Cancellation of request
  142. 86Manner of accepting payment
  143. 87Benefits to be provided
  144. 88Calculation of benefits in respect of transfer payments
  145. 89Refusal to accept
  146. Part 12: FEE-PAID JUDICIAL ADDITIONAL VOLUNTARY CONTRIBUTION SCHEME
  147. 90Interpretation
  148. 91Membership
  149. 92Further information
  150. 93Disclosure of information
  151. 94Contributions: JAVC members
  152. 95Historic contributions
  153. 96Transfers in
  154. 97Investment of funds
  155. 98Benefits which may be provided
  156. 99Death
  157. 100Transfers out
  158. 101Tax
  159. 102Administrative expenses
  160. Part 13: THE FEE-PAID JUDICIAL ADDED YEARS SCHEME
  161. Chapter 1: INTRODUCTION
  162. 103Interpretation and appointment of actuary
  163. 104Membership
  164. 104ADeemed FPJAYS membership where a 2015 scheme election is made
  165. 105Assumed dates etc
  166. Chapter 2: RETIRED FPJAYS MEMBERS
  167. 106Purchase of added years by retired FPJAYS members
  168. 107Contributions by retired FPJAYS members
  169. 108Retired FPJAYS members: maximum contributions
  170. 109Valuation of benefits for retired FPJAYS members
  171. Chapter 3: unretired FPJAYS MEMBERS
  172. 110Purchase of added years by unretired FPJAYS members
  173. 111Contributions by unretired FPJAYS members
  174. 112Valuation of benefits for unretired FPJAYS members
  175. 113Refund of contributions
  176. Chapter 4: GENERAL
  177. 114Limit on children's pension benefits
  178. 115Reduction of benefits
  179. Part 14: THE FEE-PAID JUDICIAL ADDED SURVIVING ADULT'S PENSION SCHEME
  180. Chapter 1: INTRODUCTION
  181. 116Interpretation
  182. 117Membership
  183. 117ADeemed JASAPS membership where a 2015 scheme election is made
  184. 118Assumed dates etc
  185. Chapter 2: RETIRED JASAPS MEMBERS
  186. 119Notice to purchase added surviving adult's pension by retired JASAPS members
  187. 120Cost of added surviving adult's pension for retired JASAPS members
  188. 121Contributions by retired JASAPS members
  189. 122Valuation of benefits for retired JASAPS members
  190. Chapter 3: unretired JASAPS MEMBERS
  191. 123Purchase of added surviving adult's pension by unretired JASAPS members
  192. 124Cost of added surviving adult's pension by unretired JASAPS members
  193. 125Contributions by unretired JASAPS members
  194. 126Valuation of benefits for unretired JASAPS members
  195. 127Refund of contributions
  196. Chapter 4: GENERAL
  197. 128Reduction of benefits
  198. Part 14A: FEE-PAID JUDICIAL ADDED BENEFITS SCHEME
  199. 128AInterpretation
  200. 128BDetermination of WS and RS values for use in this Part
  201. 128CMembership
  202. 128DAssumed dates etc.
  203. 128ENotice to purchase added units of benefit
  204. 128FLimits on maximum purchases
  205. 128GContributions
  206. 128HLimit on contributions by retired FPJABS members
  207. 128ILimits on contributions by unretired FPJABS members
  208. 128JContribution required for added units of benefit for retired FPJABS members
  209. 128KAnnual contribution rate for added units of benefit for unretired FPJABS members
  210. 128LValuation of benefits
  211. 128MResumption of contributions
  212. 128NRefund of contributions: family benefits
  213. 128ORefund of contributions: excess contributions
  214. 128PReduction of benefits
  215. Part 14B: Conversions of added benefits etc.
  216. 128QInterpretation of Part
  217. 128RConversion of added years into added units of benefit
  218. 128SVariation of added units of benefit after conversion under regulation 128R
  219. 128TVariation of added years purchase upon notice by member
  220. 128UReduction of FPJAYS purchase where additional reckonable service taken into account
  221. 128VVariation of existing JASAPS purchase upon notice by member
  222. 128WRefund of JASAPS contributions when benefits calculated under pre-1995 provisions
  223. 128XConversion of units of benefit into added years
  224. Part 15: APPEALS
  225. 129Appeals
  226. Signature
  227. Schedule 1Judicial offices
  228. Schedule 2Accrual rates for pension calculations under Part 2B
  229. Schedule 3Contribution rates
  230. Schedule 4Personal Benefits and Family Benefits Percentage Figures
  231. Schedule 5Service Credit Figures
  232. Explanatory note