The Judicial Pensions (Fee-Paid Judges) Regulations 2017

[F1 Variation of existing JASAPS purchase upon notice by member U.K.

128V.— (1) Paragraphs (2) to (6) apply where a retired JASAPS member entered into an agreement to purchase added surviving adult’s pension before the amendment day.

(2) Subject to paragraph (3), a retired JASAPS member may increase or decrease the number of units of added surviving adult’s pension that they agreed to purchase by giving notice in writing to the administrators before 1st April [F2 2027] (or by such later date as the administrators may agree).

(3) A retired JASAPS member may not increase the number of units of added surviving adult’s pension that they agreed to purchase to a number that would exceed the maximum number of units set out in regulation 119(2).

(4) The following provisions apply as if the retired JASAPS member had included the variation referred to in their notice under paragraph (2) in the number of units of added surviving adult’s pension they said that they would like to purchase in their original notice under regulation 117(2)—

(a) regulation 119(1)(a) (assumed contribution commencement date);

(b) regulation 119(2) (maximum number of units of added surviving adult’s pension);

(c) regulation 120 (cost of added surviving adult’s pension);

(d) regulation 121 (maximum level of contributions); and

(e) regulation 122 (valuation of benefits).

(5) If, as a result of the variation, the total contributions payable are higher than before the variation, the retired JASAPS member must pay the additional amount by lump sum payment to the administrators, within 12 months of the date on which the member served notice under paragraph (2).

(6) If, as a result of the variation, the total contributions payable are lower than before the variation, the retired JASAPS member is entitled to a refund of the excess contributions together with interest.

(7) Paragraphs (8) to (13) apply where an unretired JASAPS member entered into an agreement to purchase added surviving adult’s pension before the amendment day.

(8) Subject to paragraph (9), an unretired JASAPS member may increase or decrease the number of units of added surviving adult’s pension they agreed to purchase by giving notice in writing to the administrators before 1st April [F3 2027] (or by such later date as the administrators may agree).

(9) An unretired JASAPS member may not increase the number of units of added surviving adult’s pension that they agreed to purchase to a number that would exceed the maximum number of added units specified in regulation 123(2).

(10) The following provisions apply as if the unretired JASAPS member had included the variation referred to in their notice under paragraph (2) in the number of units of added surviving adult’s pension they said that they would like to purchase in their original notice under regulation 117(2)—

(a) regulation 119(2) (maximum number of units of added surviving adult’s pension);

(b) regulation 123(1)(a) (assumed contribution commencement date);

(c) regulation 123(1)(b) (assumed retirement age);

(d) regulation 124 (cost of added surviving adult’s pension);

(e) regulation 125 (contributions); and

(f) regulation 126 (valuation of benefits).

(11) If, as a result of the variation, the total contributions payable are higher than before the variation, the unretired JASAPS member must either—

(a) agree to an increase to their periodic contributions so that the appropriate amount of contributions is payable by the time of their assumed retirement date; or

(b) pay the additional amount by lump sum payment to the administrators, within 12 months of the date on which the member served notice under paragraph (2).

(12) If, as a result of the variation, the total contributions payable are lower than before the variation, the unretired JASAPS member is entitled to a refund of contributions which must—

(a) be paid to the member together with interest to the extent that it is less than or equal to the amount of any contributions that have been paid; and

(b) be applied as a reduction of contributions in respect of any amount that is in excess of any contributions that have been paid, so that the appropriate amount of contributions is payable by the time of the assumed retirement date.

(13) An unretired JASAPS member who has ceased to make periodic contributions may give a notice under paragraph (2) to vary the number of units of added surviving adult’s pension that they originally agreed to purchase, but that notice has effect only if that member also makes an application under regulation 126(7), as modified by paragraph (14) which is accepted by the administrators.

(14) Regulation 126(7) applies in relation to a member of the description in paragraph (13) as if sub-paragraphs (b) and (c) were omitted.]

Textual Amendments

F1 Pts. 14A, 14B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), reg. 1(1), Sch.

F2 Word in reg. 128V(2) substituted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 36(a)

F3 Word in reg. 128V(8) substituted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 36(b)