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Version Superseded: 02/05/2023
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The Judicial Pensions Regulations (Northern Ireland) 2015,
PART 7
is up to date with all changes known to be in force on or before 30 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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20.—(1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under this scheme.
(2) The provisions of an existing scheme relating to payment of contributions for added pension and added years continue to apply after the closing date as if T continued in pensionable service under that scheme.
(3) If T has continuity of service—
(a)in determining whether T qualifies under an existing scheme for retirement benefits, T's pensionable service under that scheme terminates when T's pensionable service under this scheme terminates;
(b)in determining T's final salary for any purposes of an existing scheme under Schedule 7 to the Act, pensionable earnings derived from service under this scheme are to be regarded as derived from service under an existing scheme; and
(c)where T has a working pattern or patterns involving a pro rata reduction in salary as at the date when they cease pensionable service in this scheme, T's final salary for an existing scheme is to be calculated by reference to their full-time equivalent final salary, or to the proportion or proportions of their full-time equivalent final salary appropriate to T's working pattern as at the closing date.
21. If a transition member with continuity of service (T) opts out of this scheme and T has less than 2 years' qualifying service—
(a)T must be repaid members' contributions under an existing scheme; and
(b)any periodical payments for added pension or added years under an existing scheme cease to be payable.
22. In determining whether a transition member with continuity of service qualifies for retirement benefits under an existing scheme, the member's qualifying service includes the total of—
(a)the member's qualifying service under an existing scheme; and
(b)the member's qualifying service under this scheme.
23.—(1) This paragraph applies if a transition member with continuity of service has not nominated a person under these Regulations to receive a lump sum death benefit under this scheme.
(2) An existing nomination has effect as if made under these Regulations until the transition member makes a nomination under these Regulations.
(3) In this paragraph, “existing nomination” means a nomination which—
(a)was made for the purpose of an existing scheme; and
(b)as at the member's transition date, had effect under that scheme.
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