The Judicial Pensions Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2 of these Regulations establishes a scheme for the payment of pensions and other benefits to members of the judiciary. The scheme so established is a career average revalued earnings scheme.

Part 3 contains governance provisions, including the responsibilities of the scheme manager and the delegation of the scheme manager’s functions.

Part 4 provides for scheme membership. It sets out the key concepts of qualifying judicial office and pensionable earnings. It contains eligibility and enrolment provisions.

Part 5 provides for the establishment of a member’s pension accounts in relation to a continuous period of pensionable service under this scheme. It also provides for the establishment of a pension credit member’s account.

Chapter 1 explains how adjustments to amounts of accrued pension are calculated.

Chapter 2 explains how the amount of accrued pension is calculated.

Chapter 4 provides for the establishment of the active member’s account. This Chapter shows how the proportion of pensionable earnings accrued as pension is revalued each year until the member leaves pensionable service.

Chapter 5 provides for the establishment of the deferred member’s account and explains how the provisional amount of each description of deferred pension is calculated.

Chapter 6 provides for the establishment of a full retirement account is established and sets out how the amount of full retirement pension must be specified.

Chapter 7 provides for the establishment of a partial retirement account is established in respect of a particular office held, and sets out how the amount of partial retirement pension must be specified.

Chapter 8 provides for the establishment of a pension credit member’s account.

Part 6 provides for a member’s entitlement to payment of retirement benefits including partial retirement benefits and ill-health benefits. It also provides for the allocation of benefits. It sets out the key concept of qualifying service.

Part 7 provides for benefits for pension credit members.

Part 8 provides for death benefits payable to surviving adults and eligible children and for the payment of lump sums. It provides for payments to be stopped and recovered in certain cases.

Part 9 provides for the payment of contributions by members and employers.

Part 10 provides for making transfer value payments.

Part 11 provides for actuarial valuations and the employer cost cap.

Part 12 contains supplementary provisions on payment of pensions, forfeiture and set off, payment and deduction of tax and miscellaneous provisions including the determination of questions.

Schedule 1 contains transitional provisions, including the key concepts of transition members and continuity of service. It provides for ill-health benefits and death benefits for transition members with continuity of service.

Schedule 2 contains the list of specified Sitting in Retirement offices which are created under section 123 of the Public Service Pensions and Judicial Offices Act 2022 (c. 7) and are added as Schedule 2 to the Public Sector Pensions Act 2013 (Judicial Offices) Order 2015 (S.I. 2015/580 as amended).

Schedule 3 modifies provisions of the Pension Schemes Act 1993 (c. 48). It also amends the Judicial Pensions Regulations (S.I. 2015/182 as amended), the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017 (S.I. 2017/512) and the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522 as amended).

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.