The Judicial Pensions (Fee-Paid Judges) Regulations 2017 No. 522

[F1 PART 2B U.K. Pre-1995 Provisions

Textual Amendments

F1 Pts. 2A, 2B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 12

CHAPTER 1 U.K. Retirement Benefits

Retirement at or after normal pension age: entitlement to ordinary pension U.K.

11E.— (1) This regulation applies to a member (“P”) whose benefits are to be calculated under the pre-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires; and

(b) on the day on which P retires, P—

(i) has reached normal pension age for a relevant office, and

(ii) has accrued reckonable service in relation to that office.

(2) On the pension start day, P becomes entitled to the payment for life of a pension.

(3) In this regulation “the pension start day” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of ordinary pension U.K.

11F.— (1) The annual rate of a pension to which P becomes entitled under regulation 11E is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

where—

R is P’s reckonable service in the relevant office

JS is the number of years of qualifying judicial service that P has subject to a maximum of—

(i)

15 years for an office specified in Table 1 or 2 in Schedule 1, or

(ii)

20 years for an office specified in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service

S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not at any time before retirement hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office.

• Step 2

  Add together the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) in relation to any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age on removal from judicial office: entitlement to reduced pension U.K.

11G.— (1) This regulation applies to a member (“P”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires by virtue of having been removed from all judicial offices held by P;

(b) on the day on which P retires, P has not reached normal pension age for one or more relevant offices; and

(c) the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme in relation to the relevant offices be given immediate effect.

(2) The administrators must notify P of the recommendation under paragraph (1)(c).

(3) If P elects in writing to the administrators within 3 months of receiving the notice referred to in paragraph (2), that P wishes to receive benefits under this regulation—

(a) P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of the relevant offices; and

(b) P also becomes entitled, on that day, to the amount P would have been entitled to in respect of the relevant offices if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

(4) In this regulation “the pension start day” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of reduced pension U.K.

11H.— (1) The annual rate of a pension to which a member (“P”) becomes entitled under regulation 11G is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

where—

R is P’s reckonable service in the relevant office

JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

(i)

15 years for offices specified in Tables 1 and 2 in Schedule 1, and

(ii)

20 years for offices specified in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service

S is the appropriate annual salary of the judicial office held by P immediately before retirement

A is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday preceding the day on which P retires

B is the number of days in the period beginning with P’s birthday preceding the day on which P retires and ending with the day on which P retires

C is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday following the day on which P retires.

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office.

• Step 2

  Add together each of the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3), in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age: entitlement to preserved pension U.K.

11I.— (1) This regulation applies to a member (“P”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires;

(b) if P retires by virtue of having been removed from all judicial offices held by P and the appropriate Minister makes a recommendation under regulation 11G(1)(c), P does not make an election under regulation 11G(3); and

(c) on the day on which P retires, P—

(i) has not reached normal pension age for a relevant office, and

(ii) has at least 2 years’ qualifying judicial service.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant office.

(3) In this regulation “the pension start day” means—

(a) the day on which P—

(i) reaches the normal pension age for the relevant office, or

(ii) (if later) would have completed the requirement for qualifying judicial service in relation to the relevant office, if P had continued to hold a judicial office; or

(b) if later, the amendment day.

Annual rate of preserved pension U.K.

11J.— (1) The annual rate of preserved pension to which a member (“P”) is entitled under regulation 11I is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a) P has reckonable service in one or more eligible fee-paid judicial offices; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(3) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate in relation to each relevant office in accordance with the following formula—

  

  where—

  N is the reckonable service which P accrued, in the relevant office, before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply

  JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

  (i)

  15 years for offices in Tables 1 or 2 in Schedule 1, and

  (ii)

  20 years for offices in Table 3 in Schedule 1

  AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service as if P had continued to hold that office until the date on which P reaches the normal pension age applicable for that office, subject to a maximum of—

  (i)

  15 years for offices in Tables 1 or 2 in Schedule 1, and

  (ii)

  20 years for offices in Table 3 in Schedule 1

  S is the appropriate annual salary of the judicial office held by P immediately before retirement

  Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met

  Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age for the relevant office.

• Step 2

  Add together the annual rates determined under Step 1.

(4) Paragraph (5) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3) of this regulation in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(6) Paragraph (7) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no judicial office other than office A.

(7) For the purposes of paragraph (5)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement due to ill-health: entitlement to ill-health ordinary pension U.K.

11K.— (1) This regulation applies to a member (“P”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where P retires and the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of any relevant offices.

(3) In this regulation “the pension start day” means—

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

(b) if later, the amendment day.

(4) It is not material whether P has reached the normal pension age or met any requirement for qualifying judicial service in relation to a relevant office.

(5) Where apart from this paragraph, P would be entitled to—

(a) a pension under this regulation; and

(b) a pension under—

(i) regulation 11G (retirement under normal pension age on removal from judicial office), or

(ii) regulation 11I (retirement under normal pension age: entitlement to preserved pension)

P is not entitled to any pension mentioned in sub-paragraph (b).

Annual rate of ill-health ordinary pension U.K.

11L.   Regulation 11F applies in relation to the annual rate of pension to which a person is entitled under regulation 11K as it applies in relation to the annual rate of pension to which a person is entitled under regulation 11E.

Times at which pension under this Part is payable U.K.

11M.   A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Lump sum: entitlement and amount U.K.

11N.— (1) This regulation applies where a member (“P”) retires on or after the amendment day and becomes entitled to the payment of a pension under this Part.

(2) At the time P becomes entitled to the payment of a pension, P becomes entitled to a lump sum of twice the annual rate of pension payable to P under this Part.

Multiple retirements U.K.

11O.   Regulation 26 applies to a member whose benefits are calculated under this Part, who retires and subsequently resumes judicial office, as it applies to a member whose benefits are calculated under Part 3.]