The Judicial Pensions (Fee-Paid Judges) Regulations 2017

PART 10 U.K. REPAYMENT OF DEPENDANTS' BENEFITS CONTRIBUTIONS

Modifications etc. (not altering text)

C1 Pts. 1-11 restricted (10.3.2022 for specified purposes) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)

Full repayment of dependants' benefits contributions on retirement U.K.

65.—(1) This regulation applies where—

(a) a member (“P”) retires on or after the commencement day, and

(b) conditions A and B are met.

(2) On the day after that on which P retires, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 to the extent that it consists of the pre-commencement dependants' contributions amount; and

(b) the total of the contributions previously paid by P under Part 9 to the extent that they represent dependants' benefits contributions.

(4) Condition A is that, on the day on which P retires—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, at all times since P first held an eligible fee-paid judicial office (or if later, since 7th April 2000)—

(a) P was not married and was not in a civil partnership, and

(b) P did not have a qualifying child.

(6) In this Part—

• “the pre-commencement dependants' contributions amount” means the amount determined under regulation 55;

• “dependants' benefits contribution” means the amount determined under regulation 62(3).

Partial repayment of dependants' benefits contributions on retirement U.K.

66.—(1) This regulation applies where—

(a) a member (“P”) retires (whether before, on or after the commencement day), and

(b) conditions A and B are met.

(2) On the relevant day, P becomes entitled to a payment from the appropriate Minister.

(3) In paragraph (2) “the relevant day” means—

(a) the day after that on which P retires, or

(b) if later, the commencement day.

(4) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days falling after the specified date; and

(b) the total of the contributions previously paid by P under Part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days falling after the specified date.

(5) Condition A is that, on the day on which P retires—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(6) Condition B is that, on any day during the period beginning with the day on which P first held an eligible fee-paid judicial office (or 7 April 2000 if later) and ending with the day on which P retires—

(a) P was married or was in a civil partnership, or

(b) P had a qualifying child.

(7) In this regulation “the specified date” means the last day in respect of which condition B is met.

Full repayment of dependants' benefits contributions on partial retirement U.K.

67.—(1) This regulation applies where—

(a) a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), and

(b) conditions A and B are met.

(2) On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days worked in the relevant office; and

(b) the total of the contributions previously paid by P under Part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days worked in the relevant office.

(4) Condition A is that, on the day on which P takes partial retirement—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, at all times since P first held the relevant office (or if later, since 7th April 2000)—

(a) P was not married and was not in a civil partnership, and

(b) P did not have a qualifying child.

Partial repayment of dependants' benefits contributions on partial retirement U.K.

68.—(1) This regulation applies where—

(a) a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), and

(b) conditions A and B are met.

(2) On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date; and

(b) the total of the contributions previously paid by P under Part 9 to the extent that they consist of dependants' benefits contributions and were paid on fees in respect of qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date.

(4) Condition A is that, in the day on which P takes partial retirement in relation to the relevant office—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, on any day during the period beginning with the day on which P first held the relevant office and ending with the day on which P takes partial retirement—

(a) P was married or was in a civil partnership, or

(b) P had a qualifying child.

(6) In this regulation “the specified date” means the last day in respect of which condition B is met.

Repayments under this Part to be paid with compound interest U.K.

69.  Where the appropriate Minister makes a payment to a member under this Part, it must be paid together with compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme.