The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Refund of contributions U.K.

113.—(1) If an [F1 unretired] FPJAYS member (“M”) who is paying periodic contributions under the FPJAYS is neither married nor a civil partner and has no qualifying children at the time M retires, dies or otherwise leaves the principal scheme, M, or M's estate, is entitled to a refund in accordance with this regulation.

(2) The amount to be refunded must be determined in accordance with the formula

(a) A is the relevant family benefits percentage (see paragraph (3));

(b) S is the salary that would have been M's appropriate annual salary on the assumed contribution commencement date if M had retired on that date (“the relevant salary”);

(c) B is the period beginning with the day after the date M last ceased to have a spouse or a civil partner or qualifying child and ending with the date M ceased to make contributions, expressed in years and any fraction of a year;

(d) C is the period beginning with the assumed contribution date and ending with the date M ceased to make contributions, expressed in years and any fraction of a year;

(e) D is the number of added years M has purchased, calculated in accordance with regulation 112(1).

(3) The relevant family benefits percentage is determined as follows—

Step 1

• Use the relevant salary to determine which is the applicable salary group for M specified in Table 1.

Step 2

• In the part of Table 1 for M's salary group, determine which entry in column 1 describes the period mentioned in paragraph (2)(d) (ignoring the heading of that column).

Step 3

• Use the family benefits percentage figure which corresponds to the entry in column 1 referred to in step 2.

(4) If M's total contributions to the FPJAYS exceed the smaller of—

(a) the amount necessary to purchase the number of added years notified to the administrators by the member under regulation 110(1)(c); and

(b) the amount necessary to purchase the maximum number of added years permissible under regulation 110(3) (calculated on the basis that the assumed retirement date referred to in that paragraph is M's actual retirement date),

M is entitled to a refund of the excess contributions.

[F2 (4A) If a retired member purchases a number of added years (“AY”) after making an election under regulation 11C, the member is entitled to a refund of the difference between—

(a) the contribution payable for AY under regulation 107; and

(b) the total contribution that would have been payable if, before making the election, the member had—

(i) purchased enough added units of benefit under Part 14A for them to be converted into AY, or,

(ii) if that number of added units of benefit would have exceeded the limit set out in regulation 128F, purchased the maximum number of added units of benefit that would have been available to the member under regulation 128F together with enough added years under regulation 107 to make up AY.]

(5) Where a refund is payable under this regulation, it must be paid together with compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme.

Textual Amendments

F1 Word in reg. 113(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 55(a)

F2 Reg. 113(4A) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 55(b)