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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Judicial office, retirement and partial retirement

    4. 4.Qualifying fee-paid days and qualifying fee-paid service

    5. 5.Reckonable service

    6. 6.Qualifying judicial service

    7. 7.Appropriate annual salary

  3. PART 2 PRINCIPAL SCHEME MEMBERSHIP

    1. 8.Members

    2. 9.Opted-out members and active members

    3. 10.Opting out

    4. 11.Opting back in

  4. PART 2A Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions

    1. 11A.Calculation of retirement benefits

    2. 11B.Conditions for retirement benefits and death benefits to be calculated under Part 2B

    3. 11C.Elections available to members

    4. 11D.Benefits calculated under both the pre-1995 provisions and the post-1995 provisions

  5. PART 2B Pre-1995 Provisions

    1. CHAPTER 1 Retirement Benefits

      1. 11E.Retirement at or after normal pension age: entitlement to ordinary pension

      2. 11F.Annual rate of ordinary pension

      3. 11G.Retirement under normal pension age on removal from judicial office: entitlement to reduced pension

      4. 11H.Annual rate of reduced pension

      5. 11I.Retirement under normal pension age: entitlement to preserved pension

      6. 11J.Annual rate of preserved pension

      7. 11K.Retirement due to ill-health: entitlement to ill-health ordinary pension

      8. 11L.Annual rate of ill-health ordinary pension

      9. 11M.Times at which pension under this Part is payable

      10. 11N.Lump sum: entitlement and amount

      11. 11O.Multiple retirements

    2. CHAPTER 2 Death Benefits

      1. 11P.Interpretation

      2. 11Q.Entitlement to surviving adult’s pension

      3. 11R.Annual rate of surviving adult’s pension

      4. 11S.Annual rate of surviving adult’s pension: special provision for surviving civil partners

      5. 11T.Payment of a surviving adult’s pension

      6. 11U.Entitlement to an eligible child’s pension

      7. 11V.Annual rate of eligible child’s pension

      8. 11W.Payment and application of an eligible child’s pension

      9. 11X.Lump sum on death: death in service

      10. 11Y.Lump sum on death: death after retirement of member with preserved pension

      11. 11Z.Lump sum on death: death soon after retirement of member entitled to pension

  6. PART 3 RETIREMENT BENEFITS: Post-1995 Provisions

    1. 11Z1.Application and interpretation of Part 3

    2. 12.Retirement aged 65 or over: entitlement to ordinary pension

    3. 13.Annual rate of ordinary pension

    4. 14.Retirement between the ages of 60 and 65: entitlement to reduced pension

    5. 15.Retirement under age of 60 on removal from judicial office: entitlement to reduced pension

    6. 16.Annual rate of reduced pension

    7. 17.Retirement under the normal pension age: entitlement to preserved pension

    8. 18.Annual rate of preserved pension

    9. 19.Retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pension

    10. 20.Annual rate of ill-health ordinary pension

    11. 21.Retirement under 65 due to ill-health: entitlement to ill-health enhanced pension

    12. 22.Annual rate of ill-health enhanced pension

    13. 23.Ill-health certification condition

    14. 24.Times at which pension under this Part is payable

    15. 25.Lump sum: entitlement and amount

    16. 26.Multiple retirements

  7. PART 4 PARTIAL RETIREMENT

    1. 27.Option to take partial retirement in relation to a fee-paid judicial office

    2. 28.Effect of partial retirement

  8. PART 5 BENEFITS FOR PERSONS ENTITLED TO PENSION CREDITS

    1. 29.Application of Part and interpretation

    2. 30.Pension credit derived from the principal scheme: entitlement to pension

    3. 31.Annual rate of pension under regulation 30

    4. 32.Lump sum for transferee at age 65

    5. 33.Lump sum where transferee dies before age 65

    6. 34.Exclusions

  9. PART 6 DEATH BENEFITS: Post-1995 Provisions

    1. 35.Interpretation and application of Part

    2. 36.Entitlement to a surviving adult's pension

    3. 37.Annual rate of surviving adult's pension

    4. 38.Annual rate of surviving adult's pension: special provision for surviving civil partners

    5. 39.Payment of a surviving adult's pension

    6. 40.Meaning of “eligible child”

    7. 41.Meaning of “eligible child”: the age condition and the occupation condition

    8. 42.Entitlement to an eligible child's pension

    9. 43.Annual rate of eligible child's pension

    10. 44.Payment and application of an eligible child's pension

    11. 45.Lump sum on death: death in service

    12. 46.Lump sum on death: death after retirement of member with preserved pension

    13. 47.Lump sum on death: death soon after retirement of member entitled to pension

  10. PART 7 BENEFITS IN RESPECT OF PERIODS BEFORE COMMENCEMENT

    1. 48.Application of Part

    2. 49.Meaning of “the interim payments amount” and “the pre-commencement benefits amount”

    3. 50.Additional payment where no or insufficient interim payments made

    4. 51.Deduction of any excess interim payments

  11. PART 7A Refund of Excess Contributions

    1. 51A.Application of Part

    2. 51B.Definitions

    3. 51C.Additional payment of refund

    4. 51D.Recovery of excess refund

  12. PART 8 CONTRIBUTIONS IN RESPECT OF PRE-COMMENCEMENT SERVICE

    1. 52.Interpretation

    2. 53.Liability to pay pre-commencement contributions amount

    3. 53A.Liability to pay initial pre-commencement contributions amount

    4. 54.Calculation of pre-commencement personal contributions amount

    5. 54A.Calculation of initial pre-commencement personal contributions amount: service credit days

    6. 55.Calculation of pre-commencement dependants’ contributions amounts

    7. 55A.Calculation of initial pre-commencement dependants’ contributions amount

    8. 56.Qualifying fee-paid days disregarded if they do not add to reckonable service

    9. 57.The Contributions Table

    10. 58.Payment of pre-commencement contributions amount

    11. 58A.Payment of initial pre-commencement contributions

  13. PART 9 CONTRIBUTIONS IN RESPECT OF SERVICE ON OR AFTER COMMENCEMENT DAY

    1. 59.Interpretation

    2. 60.Liability to pay contributions on fees in respect of qualifying fee-paid days

    3. 61.Qualifying fee-paid days disregarded if they do not add to reckonable service

    4. 62.Amount of contribution

    5. 63.Contribution rates for fee years

    6. 64.Payment of contribution

  14. PART 10 REPAYMENT OF DEPENDANTS' BENEFITS CONTRIBUTIONS

    1. 65.Full repayment of dependants' benefits contributions on retirement

    2. 66.Partial repayment of dependants' benefits contributions on retirement

    3. 67.Full repayment of dependants' benefits contributions on partial retirement

    4. 68.Partial repayment of dependants' benefits contributions on partial retirement

    5. 69.Repayments under this Part to be paid with compound interest

  15. PART 10A Commutation of small pensions

    1. 69A.Commutation of small pensions

  16. PART 11 TRANSFERS

    1. CHAPTER 1 GENERAL

      1. 70.Interpretation

      2. 71.Disapplication of other provisions about transfers

    2. CHAPTER 2 TRANSFERS OUT

      1. 72.Transfers out

      2. 73.Qualifying member's right to a transfer payment

      3. 74.Method of taking cash benefit

      4. 75.Requirements to be satisfied by schemes

      5. 76.Calculation of cash equivalents

      6. 77.Delayed payments

      7. 78.Calculation of market level adjustment

      8. 79.Time within which option must be exercised

      9. 80.Option to be exercised in writing

      10. 81.Options: discharge of responsibility

      11. 82.Cancellation of exercise of option

    3. CHAPTER 3 TRANSFERS IN

      1. 83.Application of Chapter and interpretation

      2. 84.Application to accept payment into scheme

      3. 85.Cancellation of request

      4. 86.Manner of accepting payment

      5. 87.Benefits to be provided

      6. 88.Calculation of benefits in respect of transfer payments

      7. 89.Refusal to accept

  17. PART 12 FEE-PAID JUDICIAL ADDITIONAL VOLUNTARY CONTRIBUTION SCHEME

    1. 90.Interpretation

    2. 91.Membership

    3. 92.Further information

    4. 93.Disclosure of information

    5. 94.Contributions: JAVC members

    6. 95.Historic contributions

    7. 96.Transfers in

    8. 97.Investment of funds

    9. 98.Benefits which may be provided

    10. 99.Death

    11. 100.Transfers out

    12. 101.Tax

    13. 102.Administrative expenses

  18. PART 13 THE FEE-PAID JUDICIAL ADDED YEARS SCHEME

    1. CHAPTER 1 INTRODUCTION

      1. 103.Interpretation and appointment of actuary

      2. 104.Membership

      3. 104A.Deemed FPJAYS membership where a 2015 scheme election is made

      4. 105.Assumed dates etc

    2. CHAPTER 2 RETIRED FPJAYS MEMBERS

      1. 106.Purchase of added years by retired FPJAYS members

      2. 107.Contributions by retired FPJAYS members

      3. 108.Retired FPJAYS members: maximum contributions

      4. 109.Valuation of benefits for retired FPJAYS members

    3. CHAPTER 3 unretired FPJAYS MEMBERS

      1. 110.Purchase of added years by unretired FPJAYS members

      2. 111.Contributions by unretired FPJAYS members

      3. 112.Valuation of benefits for unretired FPJAYS members

      4. 113.Refund of contributions

    4. CHAPTER 4 GENERAL

      1. 114.Limit on children's pension benefits

      2. 115.Reduction of benefits

  19. PART 14 THE FEE-PAID JUDICIAL ADDED SURVIVING ADULT'S PENSION SCHEME

    1. CHAPTER 1 INTRODUCTION

      1. 116.Interpretation

      2. 117.Membership

      3. 117A.Deemed JASAPS membership where a 2015 scheme election is made

      4. 118.Assumed dates etc

    2. CHAPTER 2 RETIRED JASAPS MEMBERS

      1. 119.Notice to purchase added surviving adult's pension by retired JASAPS members

      2. 120.Cost of added surviving adult's pension for retired JASAPS members

      3. 121.Contributions by retired JASAPS members

      4. 122.Valuation of benefits for retired JASAPS members

    3. CHAPTER 3 unretired JASAPS MEMBERS

      1. 123.Purchase of added surviving adult's pension by unretired JASAPS members

      2. 124.Cost of added surviving adult's pension by unretired JASAPS members

      3. 125.Contributions by unretired JASAPS members

      4. 126.Valuation of benefits for unretired JASAPS members

      5. 127.Refund of contributions

    4. CHAPTER 4 GENERAL

      1. 128.Reduction of benefits

  20. PART 14A FEE-PAID JUDICIAL ADDED BENEFITS SCHEME

    1. 128A.Interpretation

    2. 128B.Determination of PRS value for use in this Part

    3. 128C.Membership

    4. 128D.Assumed dates etc.

    5. 128E.Notice to purchase added units of benefit

    6. 128F.Limits on maximum purchases

    7. 128G.Contributions

    8. 128H.Limit on contributions by retired FPJABS members

    9. 128I.Limits on contributions by unretired FPJABS members

    10. 128J.Cost of added units of benefit for retired FPJABS members

    11. 128K.Cost of added units of benefit for unretired FPJABS members

    12. 128L.Valuation of benefits

    13. 128M.Resumption of contributions

    14. 128N.Refund of contributions: family benefits

    15. 128O.Refund of contributions: excess contributions

    16. 128P.Reduction of benefits

  21. PART 14B Conversions of added benefits etc.

    1. 128Q.Interpretation of Part

    2. 128R.Conversion of added years into added units of benefit

    3. 128S.Variation of added units of benefit after conversion under regulation 128R

    4. 128T.Variation of added years purchase upon notice by member

    5. 128U.Reduction of FPJAYS purchase where additional reckonable service taken into account

    6. 128V.Variation of existing JASAPS purchase upon notice by member

    7. 128W.Refund of JASAPS contributions when benefits calculated under pre-1995 provisions

    8. 128X.Conversion of units of benefit into added years

  22. PART 15 APPEALS

    1. 129.Appeals

  23. Signature

    1. SCHEDULE 1

      Judicial offices

    2. SCHEDULE 2

      Accrual rates for pension calculations under Part 2B

    3. SCHEDULE 3

      Contribution rates

  25. Explanatory Note

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