The Judicial Pensions Regulations (Northern Ireland) 2015

PART 1 N.I. General

Interpretation N.I.

1.  In this Schedule—

“closing date”, in relation to a transition member, means—

(a)

if the member is a tapered protection member of [F1 a relevant] scheme, the tapered protection closing date for that member; or

(b)

if the member is not a protected member of [F2 such a scheme], the scheme closing date;

“full protection member”, in relation to an existing scheme, has the meaning given in paragraphs [F3 8, 9 and 9A];

“protected member”, in relation to [F4 a relevant] scheme, means a full protection member or tapered protection member of that scheme;

“protection period”—

(a)

for a full protection member of an existing scheme, has the meaning given in paragraph 6;

(b)

for a tapered protection member of an existing scheme, has the meaning given in paragraph 11;

“tapered protection closing date”, in relation to a tapered protection member of [F5 a relevant] scheme, has the meaning given in paragraph 3;

[F6 “tapered protection member”—

(a)

in relation to an existing scheme, has the meaning given in paragraphs 12, 13 and 13A; and

(b)

in relation to the Fee-Paid Judges Scheme, means a person who meets the conditions in sub-paragraphs (a) to (d) of regulation 14(6);]

“transition date”, in relation to a transition member, means—

(a)

if the member is a tapered protection member of [F7 a relevant] scheme, the day after the tapered protection closing date for that member;

(b)

if the member is not a protected member of [F8 such a scheme], the day after the scheme closing date or, if later, the day the person ceased to be a protected member of the scheme;

“transition member” means a person—

(a)

who is a member of [F9 a relevant] scheme by virtue of the person's pensionable service under that scheme before the transition date; and

(b)

who is a member of this scheme by virtue of the person's pensionable service under this scheme.

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(a)(i)

F2 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(a)(ii)

F3 Words in Sch. 2 para. 1 substituted (5.4.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(3), 16(2)(b)

F4 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(c)

F5 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(d)

F6 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(e)

F7 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(f)(i)

F8 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(f)(ii)

F9 Words in Sch. 2 para. 1 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(2)(g)

Modifications etc. (not altering text)

C1 Sch. 2 para. 1 modified (temp) (5.4.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(3), 2(2)

Meaning of “continuity of service” N.I.

2.— [F10 (1)] For the purposes of this Schedule, a transition member (T) has continuity of service between pensionable service in [F11 a relevant] scheme and pensionable service in this scheme (“continuity of service”) unless T has a gap in service exceeding 5 years which—

(a) begins on or before the transition date; and

(b) ends on the day on which T becomes an active member of this scheme.

[F12 (2) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments

F10 Sch. 2 para. 2 renumbered as Sch. 2 para. 2(1) (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(3)(a)

F11 Words in Sch. 2 para. 2(1) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(3)(b)

F12 Sch. 2 para. 2(2) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(3)(c)

Meaning of “tapered protection closing date” N.I.

3.—(1) The tapered protection closing date for a tapered protection member of [F13 a relevant] scheme is—

(a) if the member exercises the option F14 ..., the scheme closing date; or

(b) if the member does not exercise the option, a date between 31st May 2015 and 31st January 2022 (both dates inclusive) determined by the scheme manager by reference to a table published for that purpose.

(2) A tapered protection closing date determined under sub-paragraph (1)(b) must fall on the last day of a month.

[F15 (3) In this paragraph “the option” means—

(a) in relation to an existing scheme, the option under Part 4 of this Schedule;

(b) in relation to the Fee-Paid Judges Scheme, the option under regulation 14(6)(d).]

Textual Amendments

F13 Words in Sch. 2 para. 3(1) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(4)(a)(i)

F14 Words in Sch. 2 para. 3(1) omitted (2.5.2023) by virtue of The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(4)(a)(ii)

F15 Sch. 2 para. 3(3) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(4)(b)

Meaning of “active member of an existing scheme “ N.I.

4.—(1) For the purpose of Parts 2 and 3 of this Schedule, a person (P) is an active member of an existing scheme on a given date if on that date—

(a) P is in pensionable service under that scheme; or

(b) P is on a gap in service not exceeding 5 years.

(2) For the purpose of sub-paragraph (1)(b), after the closing date for an existing scheme P is not on a gap in service while P is in pensionable public service.

(3) In sub-paragraph (2), “the closing date for an existing scheme” means the date referred to in section 18(4) of the Act as applicable.

Commencement of active membership of this scheme N.I.

5.—(1) A person who is a transition member on entering pensionable service under this scheme who does not have continuity of service becomes an active member of this scheme on the day the person is appointed to qualifying judicial office.

(2) A person who is a transition member on entering pensionable service under this scheme who has continuity of service (T) becomes an active member of this scheme—

(a) if T is in pensionable service in a qualifying judicial office on the transition date, on that date; or

(b) if T is not in pensionable service in a qualifying judicial office on the transition date, on the day T enters pensionable service in a qualifying judicial office after that date.