The Judicial Pensions Regulations (Northern Ireland) 2015

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Establishment of the scheme

   1. 3. Establishment and scope

4. PART 3 Governance

   1. 4. Scheme manager

   2. 5. Delegation

   3. 6. Judicial Pension Board: establishment

   4. 7. Judicial Pension Board: membership

   5. 8. Judicial Pension Board: conflicts of interest

   6. 9. Scheme advisory board: establishment

   7. 10. Scheme advisory board: membership

   8. 11. Scheme advisory board: conflicts of interest

   9. 12. Payment of fees and expenses

5. PART 4 Scheme membership

   1. CHAPTER 1 Eligibility for active membership

      1. 13. Qualifying judicial office

      2. 14. Eligible persons

      3. 15. Service in 2 or more qualifying judicial offices

   2. CHAPTER 2 Pensionable service

      1. 16. Application of Chapter

      2. 17. Enrolment

      3. 18. Opting into this scheme

      4. 19. When does an option in take effect

      5. 20. Opting out of this scheme

      6. 21. Opting out before the end of one month

      7. 22. Opting out after one month

   3. CHAPTER 3 Pensionable earnings

      1. 23. Pensionable earnings

      2. 24. Meaning of “assumed pay”

   4. CHAPTER 4 Deferred membership

      1. 25. Meaning of “deferred member”

6. PART 5 Pension accounts

   1. CHAPTER 1 Preliminary

      1. 26. Descriptions of accrued pension

      2. 27. Descriptions of full retirement pension

      3. 28. Descriptions of partial retirement pension

   2. CHAPTER 2 Calculation of adjustments

      1. 29. Calculation of “retirement index adjustment”

      2. 30. Determination of “the age addition”

      3. 31. Determination of “the assumed age addition”

   3. CHAPTER 3 Calculation of accrued pension

      1. 32. Calculation of amount of accrued pension for purpose of deferment or full retirement

      2. 33. Calculation of amount of accrued pension for purpose of partial retirement

   4. CHAPTER 4 Pension accounts: general

      1. 34. Establishment of pension accounts: general

      2. 35. Closure and adjustment of pension accounts on transfer out

   5. CHAPTER 5 Active member's account

      1. 36. Application of Chapter

      2. 36A. Purported transfer value payment

      3. 37. Establishment of active member's account

      4. 38. Receipt of a transfer value payment

      5. 38A. Transfer value payment or purported transfer value payment in respect of judges with remediable service

      6. 38B. Purported transfer value payment in respect of relevant fee-paid judges

      7. 39. Amount of pension for a scheme year

      8. 40. Opening balance, index adjustment and age addition

      9. 41. Closure of active member's account

   6. CHAPTER 6 Deferred member's account

      1. 42. Application of Chapter

      2. 43. Establishment of deferred member's account

      3. 44. Provisional amount of deferred pension

      4. 45. Adjustment of provisional amount

      5. 46. Closure of deferred member's account after gap in pensionable service not exceeding 5 years

   7. CHAPTER 7 Full retirement account

      1. 47. Establishment of full retirement account

      2. 48. Amount of full retirement pension

      3. 49. Closure of full retirement account

   8. CHAPTER 8 Partial retirement account

      1. 50. Establishment of partial retirement account

      2. 51. Amount of partial retirement pension

   9. CHAPTER 9 Pension accounts for pension credit members

      1. 52. Establishment of pension credit member's account

      2. 53. Other pension accounts

7. PART 6 Retirement benefits

   1. CHAPTER 1 General

      1. 54. Application of Part

      2. 55. Qualifying service

   2. CHAPTER 2 Full retirement benefits

      1. 56. Entitlement to full retirement pension

      2. 57. Annual rate of full retirement pension (active members)

      3. 58. Annual rate of full retirement pension (deferred members)

      4. 59. Full retirement pension ceases to be payable

   3. CHAPTER 3 Partial retirement benefits

      1. 60. Exercise of partial retirement option

      2. 61. Partial retirement option notice

      3. 62. Option proportion

      4. 63. Entitlement to partial retirement pension or full retirement pension

      5. 64. Annual rate of partial retirement pension

      6. 65. Annual rate of full retirement pension

   4. CHAPTER 4 Ill-health benefits

      1. 66. Meaning of “permanent breakdown in health”

      2. 67. Meaning of “incapacity for employment”

      3. 68. Entitlement to ill-health pension

      4. 69. Annual rate of ill-health pension

      5. 70. Deferment of accrued earned pension attributable to a transfer value payment

      6. 71. Deferment of added pension attributable to recent payments

   5. CHAPTER 5 Payment options

      1. 72. Options under this Chapter

      2. 73. Exercising an option under this Chapter

      3. 74. Option to buy out early payment reduction

      4. 75. Option to defer payment of added pension

      5. 76. Option to commute part of pension

      6. 77. Option to commute whole of member's accrued pensions (serious ill-health)

   6. CHAPTER 6 Allocation of part of pension

      1. 78. Allocation election

      2. 79. Restriction on total amount of pension that may be allocated

      3. 80. Making an allocation election

      4. 81. Effect of allocation election

      5. 82. Adjustment of allocated benefit (members who have reached the age of 75)

8. PART 7 Benefits for pension credit members

   1. 83. Entitlement to pension credit member's pension

   2. 84. Claim for early payment

   3. 85. Annual rate of pension credit member's pension

   4. 86. Option to buy out early payment reduction

   5. 87. Reduction in pension debit member's benefits

   6. 88. Pension credit member's rights

   7. 89. Option for pension credit member to commute part of pension

   8. 90. Option for pension credit member to commute whole pension (serious ill-health)

9. PART 8 Death benefits

   1. CHAPTER 1 Pensions for surviving adults

      1. 91. Surviving adults

      2. 92. Meaning of “surviving nominated partner”

      3. 93. Meaning of “surviving adult's pension”

      4. 94. Meaning of dependant's earned pension

      5. 95. Meaning of dependant's ill-health pension

      6. 96. Meaning of “dependant's added pension”

      7. 97. Entitlement to surviving adult's pension

      8. 98. Annual rate of surviving adult's pensions payable on death of pensioner member

      9. 99. Annual rate of surviving adult's pensions payable on death of deferred member

      10. 100. Annual rate of surviving adult's pensions payable on death of active member (death in service)

      11. 101. Reduction in pensions in cases of wide age disparity

   2. CHAPTER 2 Pensions for eligible children

      1. 102. Meaning of “eligible child's pension”

      2. 103. Meaning of “eligible child”

      3. 104. Eligible child's pension

      4. 105. Annual rate of eligible child's pension

   3. CHAPTER 3 Payment of pensions for surviving adults and eligible children

      1. 106. Payment of pensions under this Part

      2. 107. Stopping payment and recovery of pensions paid under this Part

      3. 108. Provisional awards of eligible child's pensions: later adjustments

      4. 109. Adjustment of benefits to comply with the 2004 Act where members die over the age of 75

      5. 110. Guaranteed minimum pensions for surviving spouses and civil partners

   4. CHAPTER 4 Payment of lump sum death benefits

      1. 111. Payment of lump sum death benefit

      2. 112. Nominations for lump sum death benefits

      3. 113. Invalid nominations of individuals

      4. 114. Payment of lump sum death benefit to nominees or personal representatives

      5. 115. Members affected by court orders to former spouses and civil partners on death

      6. 116. Pension protection lump sum death benefit

      7. 117. Recovery of payments

      8. 118. Payment of pension instead of lump sum for members who have reached the age of 75

   5. CHAPTER 5 Amount of lump sum death benefits

      1. 119. Meaning of “final pay”

      2. 120. Meaning of “annualised final pay”

      3. 121. Amount payable on death of active member (death in service)

      4. 122. Amount payable on death of deferred member or pensioner member (death out of service)

      5. 123. Amount payable on death of pension credit member

10. PART 9 Contributions

    1. 124. Rate of member contributions

    2. 125. Amount of pensionable earnings

    3. 126. Payment of member contributions

    4. 127. Employers' contributions

    5. 128. Deduction of payments for extra pension under Schedule 1

    6. 129. Refund of all member contributions and payments for extra pension made by the member

    7. 130. Refund of payments for extra pension made by the member

11. PART 10 Transfers

    1. CHAPTER 1 Preliminary

       1. 131. Application of Part

       2. 132. Interpretation of Part

    2. CHAPTER 2 Transfers out

       1. 133. Transfer value payments made to other schemes or pension arrangements

       2. 134. Application for a statement of entitlement

       3. 135. Statement of entitlement

       4. 136. Request for transfer value payment to be made

       5. 137. Calculating the amount of a transfer value

       6. 138. Effect of transfers-out

    3. CHAPTER 3 Transfers in

       1. 139. Application of Chapter

       2. 140. Interpretation of Chapter

       3. 141. Transfer payment requests

       4. 142. Transfer statement

       5. 143. Amount of transferred pension

12. PART 11 Actuarial valuations and employer cost cap

    1. 144. Appointment of scheme actuary and actuarial valuations

    2. 145. Employer cost cap

13. PART 12 Supplementary

    1. CHAPTER 1 Dual capacity members

       1. 146. Meaning of “dual capacity member”

       2. 147. Payment of benefits to or in respect of a dual capacity member

    2. CHAPTER 2 Payment of benefits: general

       1. 148. Late payment of retirement index adjustment

       2. 149. Commutation of small pensions

       3. 150. Guaranteed minimum pensions

    3. CHAPTER 3 Forfeiture and set-off

       1. 151. Forfeiture: offences committed by members

       2. 152. Forfeiture: offences committed by a member's beneficiary

       3. 153. Forfeiture: relevant monetary obligations and relevant monetary losses

       4. 154. Set-off

    4. CHAPTER 4 Payment and deduction of tax

       1. 155. Scheme manager to be scheme administrator for the purposes of Part 4 of Finance Act 2004

       2. 156. Payment on behalf of members of lifetime allowance charge

       3. 157. Reduction of benefits where lifetime allowance charge payable

       4. 158. Information about payment of annual allowance charge

       5. 159. Reduction of benefits where annual allowance charge paid by scheme manager

    5. CHAPTER 5 General

       1. 160. General prohibition on unauthorised payments

       2. 161. Calculation of periods of membership and service

       3. 162. Determination of questions

       4. 163. Evidence of entitlement

       5. 164. Provision of benefit information statements to members

       6. 165. Information to be provided by employers

       7. 166. Transitional provisions

       8. 167. Modifying provisions and amendments

14. Signature

15. 1. SCHEDULE 1

       Payments for extra pension

       1. PART 1 General

          1. 1. Interpretation

          2. 2. Meaning of “amount of extra pension”

          3. 3. Meaning of “overall limit of extra pension”

          4. 4. Limit on added pension options

          5. 5. Amount of accrued added pension may not exceed overall limit of extra pension

          6. 6. Actuarial advice

       2. PART 2 Payments for added pension

          1. CHAPTER 1 Exercising the added pension option

             1. 7. Added pension option exercisable by member

             2. 8. Added pension option exercisable by employer or third party

          2. CHAPTER 2 Periodical payments for added pension

             1. 9. Application of Chapter

             2. 10. Member's option to make periodical payments for added pension

             3. 11. Cancellation of option by member

             4. 12. Periodical payments

             5. 13. Amount of added (self only) pension for a scheme year (periodical payments)

             6. 14. Amount of added (all beneficiaries) pension for a scheme year (periodical payments)

          3. CHAPTER 3 Lump sum payments for added pension made by member

             1. 15. Application of Chapter

             2. 16. Member's option to make a lump sum payment for added pension

             3. 17. Statement of amount of added pension

             4. 18. Amount of added (self only) pension (lump sum payment)

             5. 19. Amount of added (all beneficiaries) pension (lump sum payment)

          4. CHAPTER 4 Lump sum payments for added pension made by employer or third party

             1. 20. Application of Chapter

             2. 21. Employer or third party option to make a lump sum payment for added pension

             3. 22. Amount of added (self only) pension (lump sum payment)

             4. 23. Amount of added (all beneficiaries) pension (lump sum payment)

       3. CHAPTER 5 Deemed membership for added pension payments

          1. 23A. Added pension payment or purported added pension payment in respect of judges with remediable service

          2. 23B. Purported added pension in respect of relevant fee-paid judges

       4. PART 3 Effective pension age payments

          1. CHAPTER 1 Exercising the effective pension age option

             1. 24. Effective pension age option exercisable by member

             2. 25. Exercising the effective pension age option

             3. 26. Payment of pension at effective pension age

             4. 27. Member ceases to be in pensionable service under this scheme

             5. 28. Cancellation of option

             6. 29. Value of an effective pension age option

          2. CHAPTER 2 Making effective pension age payments

             1. 30. Amount of periodical payments

             2. 31. Periodical payment period

             3. 32. Periodical payments during period of assumed pay

    2. SCHEDULE 2

       Transitional provisions

       1. PART 1 General

          1. 1. Interpretation

          2. 2. Meaning of “continuity of service”

          3. 3. Meaning of “tapered protection closing date”

          4. 4. Meaning of “active member of an existing scheme “

          5. 5. Commencement of active membership of this scheme

       2. PART 2 Exceptions to section 18(1) of the Act: full protection members of an existing scheme

          1. 6. Exception for full protection members during protection period

          2. 7. Full protection member not eligible to join this scheme

          3. 8. Members of an existing scheme on scheme closing date

          4. 9. Members moving between schemes after the scheme closing date

          5. 9A. Members with previous service in a fee-paid office

       3. PART 3 Exceptions to section 18(1) of the Act: tapered protection members of an existing scheme

          1. 10. Exception for tapered protection members during protection period

          2. 11. Tapered protection member not eligible to join this scheme

          3. 12. Member of an existing scheme on scheme closing date

          4. 13. Members moving between schemes after the scheme closing date

          5. 13A. Members with previous service in a fee-paid office

       4. PART 4 Option for tapered protection members of an existing scheme

          1. 14. Option to begin pensionable service before the transition date

       5. PART 5 Payment of ill-health benefits to transition members with continuity of service

          1. 15. Transition member who has not reached normal pension age under a relevant scheme

       6. PART 6 Payment of death benefits in respect of transition members with continuity of service

          1. 16. Annual rate of surviving adult's pensions payable under this scheme when a transition member dies in service

          2. 17. Annual rate of eligible child's pension payable under this scheme when a transition member dies in service

          3. 18. Death in service lump sum

          4. 19. Death out of service lump sum

       7. PART 7 Transitional provisions relating to relevant schemes

          1. 20. Pensionable service under an existing scheme

          2. 21. Repayment of contributions under a relevant scheme

          3. 22. Qualifying for retirement benefits under the existing scheme

          4. 23. Nomination under a relevant scheme continues to have effect

    3. SCHEDULE 3

       Modifying provisions and amendments

       1. PART 1 Modification of contracting-out provisions

          1. 1. Application of this Part

          2. 2. Contracting-out

       2. PART 2 Modification of early leaver and other provisions

          1. 3. Application of this Part

          2. 4. Certification

          3. 5. Preservation of benefit

          4. 6. Revaluation of preserved benefit

          5. 7. Protection of increases in guaranteed minimum pensions

          6. 8. Transfer values

          7. 9. Transfer values regulations

          8. 10. Cash transfers and contribution refunds

       3. PART 3 Amendments

          1. 11. Amendments to the Judicial Pensions and Retirement Act 1993

          2. 12. Amendment to the Public Service Pensions Act (Northern Ireland) 2014

16. Explanatory Note