The Judicial Pensions Regulations (Northern Ireland) 2015

CHAPTER 5 N.I. Active member's account

Application of Chapter N.I.

36.—(1) This Chapter applies in relation to a continuous period of pensionable service under this scheme.

(2) For a person who is an active member of this scheme in relation to 2 or more continuous periods of pensionable service at the same time, this Chapter applies separately in relation to each of those periods of service.

[F1 Purported transfer value payment N.I.

36A.   In this Chapter, “purported transfer value payment” means a payment—

(a) which was made by either—

(i) a person “P” who has remediable service in a judicial office; or

(ii) a relevant fee-paid judge who has relevant service in a judicial office;

(b) which was intended to be a transfer value payment; and

(c) which was not a transfer value payment due to—

(i) a determination by a court or tribunal that, as a result of a non-discrimination rule, any person has rights under a judicial legacy scheme in respect of P’s remediable service;

(ii) an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or

(iii) the payment being made in relation to a relevant fee-paid judge.]

Textual Amendments

F1 Reg. 36A inserted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 2(3)

Establishment of active member's account N.I.

37.—(1) The scheme manager must establish a pension account for a member who is in pensionable service from the day on which the member begins pensionable service.

(2) For the purpose of these Regulations, an account established under paragraph (1) is called an active member's account.

Receipt of a transfer value payment N.I.

38.—(1) This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme.

(2) On receiving the transfer value payment, the scheme manager must credit the active member's account with the amount of transferred pension calculated under regulation 143 (amount of transferred pension).

[F2 Transfer value payment or purported transfer value payment in respect of judges with remediable service N.I.

38A.— (1) Paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;

(c) an immediate detriment remedy has been obtained in relation to the period of remediable service; and

(d) no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.

(3) Paragraph (4) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and

(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.

(4) P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).]

Textual Amendments

F2 Reg. 38A substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 2(4)

[F3 Purported transfer value payment in respect of relevant fee-paid judges N.I.

38B.— (1) Paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office; and

(b) one or more purported transfer value payments were made in relation to R during the period of relevant service.

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.]

Textual Amendments

F3 Reg. 38B substituted (24.5.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/106), regs. 1(b), 2(5)

Amount of pension for a scheme year N.I.

39.—(1) This regulation applies in relation to every scheme year in which an active member's account is open.

(2) The active member's account must specify, in relation to each description of pension, the amount of that description of pension for the scheme year.

(3) The amount of earned pension for a scheme year is 2.32% of the member's pensionable earnings for that year.

(4) The amount of transferred pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 143 for that year.

(5) The amount of added pension of any description for a scheme year is the amount (if any) credited to the active member's account in that scheme year under paragraph 13 or 14 of Schedule 1.

(6) In this regulation, “earned pension” means—

(a) standard earned pension (if any); and

(b) earned pension attributable to an effective pension age option (if any).

Opening balance, index adjustment and age addition N.I.

40.—(1) This regulation applies in relation to every scheme year in which an active member's account is open other than the scheme year in which that account is established.

(2) The active member's account must specify for each description of pension—

(a) the opening balance for the scheme year and the index adjustment for the opening balance; and

(b) if applicable, the age addition awarded at the beginning of the scheme year.

(3) In these Regulations, “opening balance” in relation to a description of pension—

(a) for the scheme year immediately following the scheme year in which the active member's account is established, means the amount of that pension for the previous scheme year as at the end of the previous scheme year; and

(b) for any subsequent scheme year, means the sum of the following amounts—

(i) the opening balance of that pension for the previous scheme year and the index adjustment for that opening balance;

(ii) the amount of that pension for the previous scheme year as at the end of the previous scheme year; and

(iii) if applicable, the age addition awarded at the beginning of the previous scheme year.

Closure of active member's account N.I.

41.—(1) The scheme manager must close an active member's account in relation to a period of service when the scheme manager establishes in relation to that period of service—

(a) a deferred member's account under regulation 43; or

(b) a full retirement account under regulation 47.

[F4 (2) The scheme manager must re-establish as active member’s account under this Chapter when the scheme manager closes a deferred member’s account under regulation 46.]

Textual Amendments

F4 Reg. 41(2) substituted (1.4.2022) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/73), regs. 1(2), 3(2)