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The Judicial Pensions (Remediable Service etc.) Regulations 2023

S.I. 2023/766 · Made 4 July 2023 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 24 January 2024.

Public Service Pensions

Made 4th July 2023

Coming into force in accordance with regulation 1(b)

The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 18A of the Judicial Pensions and Retirement Act 1993f1, sections 1(1) and (2)(b), 2(1) (as read with paragraph 2(1) of Schedule 2) and 3(1), (2)(a) (as read with paragraphs 2, 9, 12 and 13 of Schedule 3) and (c), (3) and (4A) of the Public Service Pensions Act 2013f2 (“the 2013 Act”) and sections 55(1) and (2), 56(1) to (3), 57(1), (4) and (5), 58(1) to (4), 61(1) and (2), 67(2) and (3), 74(2) and 103(1) and (2) of the Public Service Pensions and Judicial Offices Act 2022f3 (“the PSPJOA 2022”).

In accordance with section 21 of, and paragraph 2(2) of Schedule 2 to, the 2013 Act, the Lord Chancellor has consulted the Secretary of State and such persons, and the representatives of such persons, as appear to the Lord Chancellor likely to be affected by these Regulations.

In accordance with section 3(5) of the 2013 Act, the Lord Chancellor has obtained the consent of the Treasury before making these Regulations.

The Lord Chancellor has had regard to the matters referred to in section 5(3) of the 2013 Act.

These Regulations are made in accordance with Treasury directions made under section 62 of PSPJOA 2022.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 29(2A)f4 of the Judicial Pensions and Retirement Act 1993 and section 24(1)(c) of the 2013 Act.

Annotations to the whole text

Footnotes

f1

1993 c. 8. Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c. 8). The Lord Chancellor is the “appropriate Minister” within the meaning of section 30 of the Judicial Pensions and Retirement Act 1993.

f2

2013 c. 25. Section 3(1) was amended by section 94(2) of PSPJOA 2022, and section 3(2)(c) and (4A) were inserted by, respectively, section 94(3) and (4) of that Act.

f3

2022 c. 7.

f4

Section 29(2A) was inserted by paragraph 8(2) of Schedule 5 to the Pension Schemes Act 2015.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Scheme manager
  5. 4Delegation
  6. 5Right of appeal
  7. Part 2: Provision about special cases where a member has remediable service
  8. Chapter 1: Application of Part
  9. 6Application of Part
  10. Chapter 2: Member options
  11. 7Compensation for special payments to buy out early payment reduction
  12. 8Compensation for payments for added pension
  13. 9Transfers out of the 2015 scheme
  14. Chapter 3: Partial retirement
  15. 10Partial retirement notice
  16. 11Corrections for pension benefits and lump sum benefits on partial retirement
  17. Chapter 4: Annual allowance tax charges
  18. 12Payment of annual allowance tax charges and provision of information
  19. Part 3: Provision where an immediate detriment remedy has been obtained
  20. Chapter 1: Application and Interpretation
  21. 13Application of Part
  22. 14Interpretation of Part
  23. Chapter 2: Information statements
  24. 15Information statements
  25. Chapter 3: Partnership pension account where an immediate detriment remedy has been obtained
  26. 16Partnership pension account: requirement to transfer and surrender rights
  27. Chapter 4: Benefits for children where an immediate detriment remedy has been obtained
  28. 17Benefits for children
  29. Chapter 5: Partial retirement where an immediate detriment remedy has been obtained
  30. 18Partial retirement notice
  31. Chapter 6: Benefits and contributions previously paid or payable
  32. 19Effect of immediate detriment remedy on benefits previously paid or payable
  33. 20Effect of immediate detriment remedy on pension contributions previously paid or payable
  34. Chapter 7: Corrections for benefits and contributions where an immediate detriment remedy has been obtained
  35. 21Pension benefits and lump sum benefits
  36. 22Pension contributions
  37. Chapter 8: Compensation for voluntary payments where an immediate detriment remedy has been obtained
  38. 23Compensation for purported special payments to buy out early payment reduction
  39. 24Compensation for payments for purported added pension
  40. 25Compensation for purported effective pension age payments
  41. Chapter 9: Transitional protection allowance where an immediate detriment remedy has been obtained
  42. 26Transitional protection allowance
  43. Chapter 10: Compensation for compensatable losses where an immediate detriment remedy has been obtained
  44. 27Power to pay compensation in respect of compensatable losses
  45. Chapter 11: Unauthorised payments where an immediate detriment remedy has been obtained
  46. 28Scheme rules that prohibit unauthorised payments
  47. Part 4: Provision in relation to certain fee-paid judges
  48. Chapter 1: Application and Interpretation
  49. 29Application of Part
  50. 30Interpretation of Part
  51. Chapter 2: Information statements
  52. 31Information statements
  53. Chapter 3: Partnership pension account where a person has relevant service
  54. 32Partnership pension account: requirement to transfer and surrender rights
  55. Chapter 4: Benefits for children
  56. 33Benefits for children
  57. Chapter 5: Partial retirement
  58. 34Partial retirement notice
  59. Chapter 6: Benefits and contributions previously paid or payable
  60. 35Benefits previously paid or payable
  61. 36Pension contributions previously paid or payable
  62. Chapter 7: Corrections for pension benefits and contributions
  63. 37Pension benefits and lump sum benefits
  64. 38Pension contributions
  65. Chapter 8: Compensation for voluntary payments
  66. 39Compensation for purported special payments to buy out early payment reduction
  67. 40Compensation for payments for purported added pension
  68. 41Compensation for purported effective pension age payments
  69. 42Transfers out of the 2015 scheme
  70. Chapter 9: Transitional protection allowance
  71. 43Transitional protection allowance
  72. Chapter 10: Compensation for compensatable losses
  73. 44Power to pay compensation in respect of compensatable losses
  74. Chapter 11: Unauthorised payments
  75. 45Scheme rules that prohibit unauthorised payments
  76. Part 5: Pension Credit Members
  77. Chapter 1: Preliminary
  78. 46Application of Part
  79. 47Interpretation of Part
  80. Chapter 2: Provision where all remediable or relevant service was in the 2015 scheme
  81. 48Application of Chapter
  82. 49Adjustments for pension credit members
  83. 50Adjustments for pension debit members where a legacy scheme election is made
  84. Chapter 3: Provision where all remediable service subject to a relevant pension sharing order was in a judicial legacy scheme
  85. 51Application of Chapter
  86. 52Adjustments for pension credit members
  87. 53Adjustments for pension debit members where a 2015 scheme election is made
  88. Chapter 4: Provision where the relevant pension sharing order is in respect of mixed service
  89. 54Application of Chapter
  90. 55Interpretation of Chapter
  91. 56Adjustments for pension credit members where there is mixed service
  92. 57Adjustments for pension debit members
  93. Chapter 5: Correction of pension benefits and lump sum benefits
  94. 58Correction of pension benefits and lump sum benefits where underpayment
  95. 59Correction of pension benefits and lump sum benefits where overpayment
  96. Part 6: Liabilities and amounts owed
  97. Chapter 1: Interest
  98. 60Interest
  99. Chapter 2: Reduction or waiver of liabilities owed to a judicial scheme
  100. 61Application of Chapter
  101. 62Reduction of liability to pay pension contributions by tax relief amounts
  102. 63Reduction or waiver of liability to repay overpaid pension benefits
  103. Chapter 3: Netting off
  104. 64Netting off
  105. Chapter 4: Amounts owed to a judicial scheme or employer or to a person
  106. 65Application
  107. 66Amounts owed to a judicial scheme
  108. 67Amounts owed to a person’s employer
  109. 68Amounts owed to a person
  110. Part 7: Miscellaneous amendments
  111. 69Miscellaneous amendments
  112. Signature
  113. Schedule: Miscellaneous amendments
  114. Part 1: Amendments by virtue of, and in consequence of, PSPJOA 2022
  115. 1Amendment of the Judicial Pensions Regulations 2015
  116. 2Amendment of the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017
  117. 3Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017
  118. 4Amendment of the Judicial Pensions Regulations 2022
  119. Part 2: Amendments for other purposes
  120. 5Amendment of the Judicial Pensions (Contributions) Regulations 1998
  121. 6Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017
  122. 7Amendment of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021
  123. 8Amendment of the Judicial Pensions Regulations 2022
  124. Explanatory note