The Judicial Pensions (Election against Benefits) Regulations 2003

Modification of the Judicial Pensions and Retirement Act 1993

4.—(1) The Judicial Pensions and Retirement Act 1993 shall have effect subject to the following modifications.

(2) For section 13(1) there shall be substituted—

“(1) A person to whom this Part applies, or to whom it would apply but for this section, may at any time serve on the appropriate Minister a written notice of election that this Part should not apply to him.

(1A) A person appointed to a qualifying judicial office may, at any time before beginning to serve in that office, serve on the appropriate Minister a written notice of election that this Part should not apply to him in relation to that office.

(1B) An election under this section—

(a) if made by notice under subsection (1) above, shall take effect on the date specified in the notice, which shall be not less than one month after service of the notice;

(b) if made by notice under subsection (1A) above, shall take effect when the person appointed begins to serve in that office.”.

(3) In section 13(9)—

(a) in the definition of “corresponding provisions”, for the words from “confers” to “pension scheme” there shall be substituted “confers a right on a person to elect that this Part shall not apply to him”; and

(b) the definition of “personal pension scheme” shall be omitted.