The Judicial Pensions (Remediable Service etc.) Regulations 2023

Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 U.K.

3.—(1) The FPJR 2017 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the opening words insert—

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;”;

(b) after the definition of “the 1995 Regulations” insert—

““the 2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;”;

(c) after the definition of “the post-1995 provisions” insert—

““a 2015 scheme election” has the meaning given in section 44 of PSPJOA 2022;”;

(d) after the definition of “registered pension scheme” insert—

““remediable service” has the meaning given in section 39 of PSPJOA 2022;”.

(3) In the closing words of regulation 31(2) (annual rate of pension under regulation 30), for “amount of the pension credit” substitute “sum of the amount of the pension credit and the amount of any remediable pension credit or remediable pension reduction under Part 5 of the 2023 Regulations”.

(4) After regulation 31(2) insert—

“(2A) In paragraph (2)—

(a) “remediable pension credit”, in the circumstances mentioned in—

(i) regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(5) of those Regulations;

(ii) regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(3) of those Regulations;

(iii) regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations;

(b) “remediable pension reduction” has the meaning given in regulation 56(12) of the 2023 Regulations.”.

(5) In regulation 64 (payment of contribution)—

(a) the existing text is numbered as paragraph (1);

(b) after that paragraph (1) insert—

“(2) A contribution payable under section 52(4) of PSPJOA 2022 is to be paid in accordance with regulation 66 of the 2023 Regulations.”.

(6) After regulation 104 (membership) insert—

“Deemed FPJAYS membership where a 2015 scheme election is made

104A.— (1) This regulation applies where—

(a) a person (“P”) has remediable service in an eligible fee-paid judicial office;

(b) P has, during the period of remediable service, paid contributions to purchase added years under this Part; and

(c) a 2015 scheme election is made in respect of P.

(2) P is deemed to have been an active FPJAYS member in respect of the contributions.”.

(7) After regulation 117 (membership) insert—

“Deemed JASAPS membership where a 2015 scheme election is made

117A.— (1) This regulation applies where—

(a) a person (“P”) has remediable service in an eligible fee-paid judicial office;

(b) P has, during the period of remediable service, paid contributions to purchase added surviving adult’s pension under this Part; and

(c) a 2015 scheme election is made in respect of P.

(2) P is deemed to have been an active JASAPS member in respect of the contributions.”.

Commencement Information

I1 Sch. para. 3 in force at 5.7.2023, see reg. 1(b)