The Judicial Pensions Regulations (Northern Ireland) 2015

PART 7 N.I. Transitional provisions relating to [F1 relevant schemes]

Textual Amendments

F1 Words in Sch. 2 Pt. 7 heading substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(13)

Pensionable service under an existing scheme N.I.

20.—(1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under this scheme.

(2) The provisions of an existing scheme relating to payment of contributions for added pension and added years continue to apply after the closing date as if T continued in pensionable service under that scheme.

(3) If T has continuity of service—

(a) in determining whether T qualifies under an existing scheme for retirement benefits, T's pensionable service under that scheme terminates when T's pensionable service under this scheme terminates;

(b) in determining T's final salary for any purposes of an existing scheme under Schedule 7 to the Act, pensionable earnings derived from service under this scheme are to be regarded as derived from service under an existing scheme; and

(c) where T has a working pattern or patterns involving a pro rata reduction in salary as at the date when they cease pensionable service in this scheme, T's final salary for an existing scheme is to be calculated by reference to their full-time equivalent final salary, or to the proportion or proportions of their full-time equivalent final salary appropriate to T's working pattern as at the closing date.

Repayment of contributions under [F2 a relevant] scheme N.I.

21.  If a transition member with continuity of service (T) opts out of this scheme and T has less than 2 years' qualifying service—

(a) T must be repaid members' contributions under [F3 a relevant] scheme; and

(b) any periodical payments for added pension or added years under [F3 a relevant] scheme cease to be payable.

Textual Amendments

F2 Words in Sch. 2 para. 21 heading substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(14)

F3 Words in Sch. 2 para. 21 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(15)

Qualifying for retirement benefits under the existing scheme N.I.

22.  In determining whether a transition member with continuity of service qualifies for retirement benefits under an existing scheme, the member's qualifying service includes the total of—

(a) the member's qualifying service under an existing scheme; and

(b) the member's qualifying service under this scheme.

Nomination under [F4 a relevant] scheme continues to have effect N.I.

23.—(1) This paragraph applies if a transition member with continuity of service has not nominated a person under these Regulations to receive a lump sum death benefit under this scheme.

(2) An existing nomination has effect as if made under these Regulations until the transition member makes a nomination under these Regulations.

[F5 (3) In this paragraph, “existing nomination” means—

(a) a nomination which—

(i) was made for the purpose of a relevant scheme; and

(ii) at the closing date, had effect under that scheme; or

(b) a nomination which—

(i) was made in anticipation of membership of the Fee-Paid Judges Scheme; and

(ii) at the closing date would have had effect under that scheme if it had been in force.]

Textual Amendments

F4 Words in Sch. 2 para. 23 heading substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(16)

F5 Sch. 2 para. 23(3) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(17)