The Judicial Pensions (Remediable Service etc.) Regulations 2023

Interpretation U.K.

2.—(1) In these Regulations—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“the 2015 Regulations” means the Judicial Pensions Regulations 2015(1);

“the 2015 scheme” means the scheme established by the 2015 Regulations;

“FPJR 2017” means the Judicial Pensions (Fee-Paid Judges) Regulations 2017(2);

“the PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022(3);

“appropriate Minister” has the meaning given in regulation 2 (interpretation) of the 2015 Regulations;

“appropriate person” means—

(a)

for the purposes of Part 4, R or, if R is deceased, R’s personal representatives;

(b)

for all other purposes, P or, if P is deceased, P’s personal representatives;

“Judicial Pension Board” means the Judicial Pension Board established by regulation 6(1) of the 2015 Regulations;

[F1 “purported added pension payment” has the meaning given in paragraph 1 of Schedule 1 to the 2015 Regulations;

“purported effective pension age 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 an effective pension age payment under Part 3 of Schedule 1 to the 2015 Regulations, and

(c)

which was not in fact an effective pension age payment under Part 3 of Schedule 1 to the 2015 Regulations 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;

“purported special 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 special payment under regulation 74(3)(a) or (c) of the 2015 Regulations, and

(c)

which was not in fact a special payment under regulation 74(3)(a) or (c) 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;]

“relevant service” has the meaning given in regulation 29(2);

“scheme actuary” has the meaning given in regulation 2 (interpretation) of the 2015 Regulations;

“scheme manager” has the meaning given in regulation 4 of the 2015 Regulations;

“transfer value payment” has the meaning given in regulation 2 of the 2015 Regulations.

(2) Except as provided for in these Regulations, expressions used in these Regulations have the same meaning as in Chapter 2 of Part 1 of PSPJOA 2022.

(3) A reference in these Regulations to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.

Textual Amendments

F1 Words in reg. 2 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(2)

Commencement Information

I1 Reg. 2 in force at 5.7.2023, see reg. 1(b)

(1)

S.I. 2015/182 as amended by S.I. 2017/508, S.I. 2021/36 and S.I. 2022/319.

(2)

S.I. 2017/522 as amended by S.I. 2018/1413, S.I. 2018/1149, S.I. 2019/781, S.I. 2020/386, S.I. 2021/444 and S.I. 2023/403.

(3)

Published on 15 December 2022 and accessible online at https://www.gov.uk/government/publications/public-service-pensions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London, SW1A 2HQ.