The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 (Amendment) Regulations 2017

Substitution of regulation 2.28 (Leaving the scheme)

10.  For regulation 2.28 substitute—

“2.28.— (1) A member may cease to be a member of the scheme in relation to all or part of the accrued benefits at any time before those benefits are paid under regulation 2.24 by requesting the administrators to (in such a manner as may, subject to Chapters 1 and 2 of Part 4ZA of the Pension Schemes Act 1993(1) or to Chapters 1 and 2 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993(2), be specified by the administrators) take one of the actions in paragraphs (2)(a) to (d).

(2) The actions referred to in paragraph (1) are—

(a) to transfer all or part of the value of the member’s accrued benefits to any other registered scheme or a qualifying recognised overseas pension scheme in which the member is participating (provided that the other pension scheme is willing and able to accept such a transfer value);

(b) to use all or part of the member’s accrued benefits to purchase one or more insurance policies of the type described in section 95(2)(c) of the Pension Schemes Act 1993(3) or section 91(2)(c) of the Pension Schemes (Northern Ireland) Act 1993(4);

(c) if the member’s service, together with any service whilst a member of a previous employer’s pension scheme from which a transfer value has been paid to this scheme, totals less than two years, to pay the member the value of the member’s accrued benefits;

(d) to use all or part of the member’s accrued benefits in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 Act(5).

(3) Without prejudice to the effect of section 95(1) and (9) and section 99 of the Pension Schemes Act 1993(6) and section 91(1) and (9) and section 95 of the Pension Schemes (Northern Ireland) Act 1993(7), where all or part of the value of a member’s accrued benefits is paid out from the scheme the administrators will be discharged from any obligation to provide any benefits under the scheme in relation to the value paid out, but the member may cease to be a member in relation to all or part of the remaining value in accordance with this regulation.”.

(1)

1993 c. 48; part 4, Chapters 4 and 5 were renumbered as Part 4ZA Chapters 1 and 2 by Part 1 of Schedule 4 to the Pension Schemes Act 2015 (c. 8); and were amended by regulation 14 of S.I. 2005/2381; section 36 of part 6 of, and paragraph 39 of Schedule 13(1) to the Pensions Act 2014 (c. 19); paragraph 11 of Schedule 3(2) to 2015/182; section 50 of Chapter 2 of Part 4 of, section 60 of Chapter 3 of Part 4 of, sections 68, 69 of Chapter 4 of Part 4 of, and paragraph 9, 10, 11, 13, 14 of Schedule 4(1) to, the Pension Schemes Act 2015.

(2)

1993 c. 49; Part 4, Chapters 4 and 5 were renumbered as Part 4ZA chapters 1 and 2 by paragraph 50 of Part 2 of Schedule 4 to the Pension Schemes Act 2015 (c. 8); and were amended by section 66 of Chapter 3 of Part 4, sections 71, 72 of Chapter 4 of Part 4, and paragraphs 53, 55, 56, 57, 58, 59 and 60 of Schedule 4(2) to the Pension Schemes Act 2015 (c. 8); section 35 of Part 6 of, paragraph 19 of Schedule 17(3) and paragraph 9(4) and 19(3) of Schedule 18 to the Pensions Act (Northern Ireland) 2015 (c. 5).

(3)

1993 c. 8; Part 4 Chapters 4 and 5 were renumbered as Part 4ZA Chapters 1 and 2 by the Pension Schemes Act 2015 (c. 8).

(4)

1993 c. 49; Part 4 Chapters 4 and 5 were renumbered as Part 4ZA Chapters 1 and 2 by the Pension Schemes Act 2015 (c. 8).

(5)

Definitions in section 160 relevant to this definition were amended by Paragraph 3 of Schedule 23 to the Finance Act 2006 (c. 25) and Paragraph 5 of Schedule 20 to the Finance Act 2007 (c. 11).

(6)

Sections 160(2) and (4) relevant to this definition were amended by the Finance Act 2006 (c. 25) and the Finance Act 2007 (c. 11).

(7)

Sections 91(1) and (1A) were substituted by paragraph 55(2) of Schedule 4(2) to the Pension Schemes Act 2015 (c. 8).