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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Judicial Pensions (Fee-Paid Judges) Regulations 2017 No. 522

  1. Introductory Text

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    PART 1

    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

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    PART 2

    1. 8.Members

    2. 9.Opted-out members and active members

    3. 10.Opting out

    4. 11.Opting back in

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    PART 3

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

    2. 13.Annual rate of ordinary pension

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

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

    5. 16.Annual rate of reduced pension

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

    7. 18.Annual rate of preserved pension

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

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

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

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

    12. 23.Ill-health certification condition

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

    14. 25.Lump sum: entitlement and amount

    15. 26.Multiple retirements

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    PART 4

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

    2. 28.Effect of partial retirement

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    PART 5

    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

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    PART 6

    1. 35.Interpretation

    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

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    PART 7

    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

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    PART 8

    1. 52.Interpretation

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

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

    4. 55.Calculation of pre-commencement dependants’ contributions amount

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

    6. 57.The Contributions Table

    7. 58.Payment of pre-commencement contributions amount

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    PART 9

    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

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    PART 10

    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

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    PART 11

    1. CHAPTER 1

      1. 70.Interpretation

      2. 71.Disapplication of other provisions about transfers

    2. CHAPTER 2

      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

      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

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    PART 12

    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

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    PART 13

    1. CHAPTER 1

      1. 103.Interpretation and appointment of actuary

      2. 104.Membership

      3. 105.Assumed dates etc

    2. CHAPTER 2

      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

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

      2. 111.Contributions by active FPJAYS members

      3. 112.Valuation of benefits for active FPJAYS members

      4. 113.Refund of contributions

    4. CHAPTER 4

      1. 114.Limit on children’s pension benefits

      2. 115.Reduction of benefits

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    PART 14

    1. CHAPTER 1

      1. 116.Interpretation

      2. 117.Membership

      3. 118.Assumed dates etc

    2. CHAPTER 2

      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

      1. 123.Purchase of added surviving adult’s pension by active JASAPS members

      2. 124.Cost of added surviving adult’s pension by active JASAPS members

      3. 125.Contributions by active JASAPS members

      4. 126.Valuation of benefits for active JASAPS members

      5. 127.Refund of contributions

    4. CHAPTER 4

      1. 128.Reduction of benefits

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    PART 15

    1. 129.Appeals

  17. Signature

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      SCHEDULE

      FEE-PAID OFFICES, ANNUAL DIVISORS

  18. Explanatory Note

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