The Judicial Pensions Regulations 2022

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Establishment of the scheme

   1. 3. Establishment and scope

4. PART 3 Governance

   1. 4. Scheme manager

   2. 5. Delegation

   3. 6. Payment of fees and expenses

5. PART 4 Scheme membership

   1. CHAPTER 1 Eligibility for active membership

      1. 7. Qualifying judicial office

      2. 8. Eligible persons

      3. 9. Service in two or more qualifying judicial offices

   2. CHAPTER 2 Pensionable service

      1. 10. Application of Chapter

      2. 11. Enrolment

      3. 12. Opting out of this scheme

      4. 13. Opting out before the end of one month

      5. 14. Opting out after one month

      6. 15. Opting into this scheme

   3. CHAPTER 3 Pensionable earnings

      1. 16. Pensionable earnings

      2. 17. Meaning of “assumed pay”: salaried office holders

      3. 18. Meaning of “assumed pay”: fee-paid office holders

   4. CHAPTER 4 Deferred membership

      1. 19. Meaning of “deferred member”

      2. 20. Refund of all member contributions made by the member

6. PART 5 Pension accounts

   1. CHAPTER 1 Calculation of adjustments

      1. 21. Calculation of “retirement index adjustment”

      2. 22. Determination of “the age addition”

      3. 23. Determination of “the assumed age addition”

   2. CHAPTER 2 Calculation of accrued pension

      1. 24. Calculation of amount of accrued standard earned pension for purpose of deferment or full retirement

      2. 25. Calculation of amount of accrued standard earned pension for purpose of partial retirement

   3. CHAPTER 3 Pension accounts: general

      1. 26. Establishment of pension accounts: general

      2. 27. Closure and adjustment of pension accounts on transfer out

   4. CHAPTER 4 Active member’s account

      1. 28. Application of Chapter

      2. 29. Establishment of active member’s account

      3. 30. Amount of pension for a scheme year

      4. 31. Opening balance

      5. 32. Closure of active member’s account

   5. CHAPTER 5 Deferred member’s account

      1. 33. Application of Chapter

      2. 34. Establishment of deferred member’s account

      3. 35. Provisional amount of deferred pension

      4. 36. Adjustment of provisional amount

      5. 37. Closure of deferred member’s account after gap in pensionable service not exceeding 5 years

   6. CHAPTER 6 Full retirement account

      1. 38. Establishment of full retirement account

      2. 39. Amount of full retirement pension

   7. CHAPTER 7 Partial retirement account

      1. 40. Establishment of partial retirement account

      2. 41. Amount of partial retirement pension

   8. CHAPTER 8 Pension accounts for pension credit members

      1. 42. Establishment of pension credit member’s account

      2. 43. Other pension accounts

7. PART 6 Retirement benefits

   1. CHAPTER 1 General

      1. 44. Application of Part

      2. 45. Qualifying service

   2. CHAPTER 2 Full retirement benefits

      1. 46. Entitlement to full retirement pension

      2. 47. Annual rate of full retirement pension (active members)

      3. 48. Annual rate of full retirement pension (deferred members)

   3. CHAPTER 3 Partial retirement benefits

      1. 49. Exercise of partial retirement option

      2. 50. Partial retirement option notice

      3. 51. Entitlement to partial retirement pension or full retirement pension

      4. 52. Annual rate of partial retirement pension

      5. 53. Annual rate of full retirement pension when taking partial retirement

   4. CHAPTER 4 Ill-health benefits

      1. 54. Meaning of “permanent breakdown in health”

      2. 55. Meaning of “incapacity for employment”

      3. 56. Entitlement to ill-health pension

      4. 57. Annual rate of ill-health pension

   5. CHAPTER 5 Payment options

      1. 58. Options under this Chapter

      2. 59. Exercising an option under this Chapter

      3. 60. Option to commute part of pension

      4. 61. Option to commute whole of member’s accrued pensions (serious ill-health)

      5. 62. Commutation supplement

   6. CHAPTER 6 Allocation of part of pension

      1. 63. Allocation election

      2. 64. Restriction on total amount of pension that may be allocated

      3. 65. Making an allocation election

      4. 66. Effect of allocation election

      5. 67. Adjustment of allocated benefit (members who have reached the age of 75)

8. PART 7 Pension credit and debit members

   1. CHAPTER 1 Benefits for pension credit members

      1. 68. Entitlement to pension credit member’s pension

      2. 69. Claim for early payment

      3. 70. Pension credit member’s rights

      4. 71. Annual rate of pension credit member’s pension

      5. 72. Option for pension credit member to commute part of pension

      6. 73. Option for pension credit member to commute whole pension (serious ill-health)

      7. 74. Commutation supplement

   2. CHAPTER 2 Pension debit members

      1. 75. Reduction in pension debit member’s benefits

9. PART 8 Death benefits

   1. CHAPTER 1 Pensions for surviving adults

      1. 76. Surviving adults

      2. 77. Meaning of “surviving cohabiting partner”

      3. 78. Meaning of “surviving adult’s pension”

      4. 79. Meaning of dependant’s earned pension

      5. 80. Meaning of dependant’s ill-health pension

      6. 81. Entitlement to surviving adult’s pension

      7. 82. Annual rate of surviving adult’s pensions payable on death of pensioner member

      8. 83. Annual rate of surviving adult’s pensions payable on death of deferred member

      9. 84. Annual rate of surviving adult’s pensions payable on death of active member (death in service)

      10. 85. Reduction in pensions in cases of wide age disparity

   2. CHAPTER 2 Pensions for eligible children

      1. 86. Meaning of “eligible child’s pension”

      2. 87. Meaning of “eligible child”

      3. 88. Eligibility for eligible child’s pension

      4. 89. Annual rate of eligible child’s pension

   3. CHAPTER 3 Payment of pensions for surviving adults and eligible children

      1. 90. Payment of pensions under this Part

      2. 91. Stopping payment and recovery of pensions paid under this Part

      3. 92. Provisional awards of eligible child’s pensions: later adjustment

   4. CHAPTER 4 Payment of lump sum death benefits

      1. 93. Payment of lump sum death benefit

      2. 94. Supplement: lump sum death benefit

      3. 95. Nominations for lump sum death benefits

      4. 96. Invalid nominations of individuals

      5. 97. Payment of lump sum death benefit to nominees or personal representatives

      6. 98. Members affected by court orders to former spouses and civil partners on death

      7. 99. Recovery of payments

   5. CHAPTER 5 Amount of lump sum death benefits

      1. 100. Meaning of “final pay”

      2. 101. Meaning of “annualised final pay”

      3. 102. Amount payable on death of active member (death in service)

      4. 103. Amount payable on death of deferred member or pensioner member (death out of service)

      5. 104. Amount payable on death of pension credit member

10. PART 9 Contributions

    1. 105. Rate of member contributions

    2. 106. Amount of pensionable earnings: assumed pay

    3. 107. Payment of member contributions

    4. 108. Employers’ contributions

11. PART 10 Transfers

    1. CHAPTER 1 Preliminary

       1. 109. Application of Part

       2. 110. Interpretation of Part

    2. CHAPTER 2 Transfers out

       1. 111. Transfer value payments made to other schemes or pension arrangements

       2. 112. Application for a statement of entitlement

       3. 113. Statement of entitlement

       4. 114. Request for transfer value payment to be made

       5. 115. Calculating the amount of a transfer value

       6. 116. Effect of transfers-out

12. PART 11 Actuarial valuations and employer cost cap

    1. 117. Appointment of scheme actuary and actuarial valuations

13. PART 12 Supplementary

    1. CHAPTER 1 Dual capacity members

       1. 118. Meaning of “dual capacity member”

       2. 119. Payment of benefits to or in respect of a dual capacity member

    2. CHAPTER 2 Payment of benefits: general

       1. 120. Late payment of retirement index adjustment

       2. 121. Commutation of small pensions

       3. 122. Commutation supplement: small pensions

    3. CHAPTER 3 Forfeiture and set-off

       1. 123. Forfeiture: offences committed by members

       2. 124. Forfeiture: offences committed by a member’s beneficiary

       3. 125. Forfeiture: relevant monetary obligations and relevant monetary losses

       4. 126. Set-off

    4. CHAPTER 4 General

       1. 127. Calculation of periods of membership and service

       2. 128. Determination of questions

       3. 129. Evidence of entitlement

       4. 130. Provision of benefit information statements to members

       5. 131. Amendment to the Public Service Pensions Act 2013 (Judicial Offices) Order 2015

       6. 132. Information to be provided by employers

       7. 133. Financial provision

       8. 134. Transitional provisions

       9. 135. Sitting in retirement offices

       10. 136. Modifying provisions and amendments

14. Signature

15. 1. SCHEDULE 1

       Transitional provisions

       1. PART 1 General

          1. 1. Interpretation

          2. 2. Meaning of “continuity of service”

          3. 3. Commencement of active membership of this scheme

       2. PART 2 Payment of ill-health benefits to transition members with continuity of service

          1. 4. Transition member who has not reached normal pension age under a pre-2022 scheme

       3. PART 3 Payment of death benefits in respect of transition members with continuity of service

          1. 5. Annual rate of surviving adults’ pensions payable under this scheme when a transition member dies in service

          2. 6. Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service

          3. 7. Death in service lump sum

          4. 8. Death out of service lump sum

       4. PART 4 Transitional provisions relating to pre-2022 scheme

          1. 9. Pensionable service under pre-2022 scheme

          2. 10. Repayment of contributions under pre-2022 scheme

          3. 11. Qualifying for retirement benefits under the pre-2022 scheme

          4. 12. Nomination under the pre-2022 scheme continues to have effect

          5. 13. Pre-commencement contributions

       5. PART 5 Transitional provisions relating to the 2015 scheme

          1. 14. Deferred members of the 2015 scheme

    2. SCHEDULE 2

       Sitting in Retirement offices

    3. SCHEDULE 3

       Modifying provisions and amendments

       1. PART 1 Modification of early leaver and other provisions

          1. 1. Application of this Part

          2. 2. Preservation of benefit

          3. 3. Revaluation of preserved benefit

       2. PART 2 Amendments

          1. 4. Amendments to the Judicial Pensions Regulations 2015

          2. 5. Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017

16. Explanatory Note