The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2023

Amendment of the Judicial Pensions Regulations 2015

2.—(1) The Judicial Pensions Regulations 2015(1) are amended as follows.

(2) In regulation 2 (interpretation) for the definition of “active member”(2) substitute—

“”active member”, in relation to this scheme, means a person who is in pensionable service under this scheme;”.

(3) After regulation 36 (application of chapter), insert—

“Purported transfer value payment

36A.   In this Chapter, “purported transfer value payment” means a payment—

(a) which was made by either—

(i) a person “P” who has remediable service(3) in a judicial office; or

(ii) a relevant fee-paid judge(4) who has relevant service in a judicial office;

(b) which was intended to be a transfer value payment; and

(c) which was not a transfer value payment due to—

(i) a determination by a court or tribunal that, as a result of a non-discrimination rule(5), any person has rights under a judicial legacy scheme in respect of P’s remediable service;

(ii) an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or

(iii) the payment being made in relation to a relevant fee-paid judge.”.

(4) For regulation 38A (accrued earned pension attributable to a transfer value payment where a legacy scheme election is made) substitute—

“Transfer value payment or purported transfer value payment in respect of judges with remediable service

38A.— (1) Paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;

(c) an immediate detriment remedy(6) has been obtained in relation to the period of remediable service; and

(d) no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.

(3) Paragraph (4) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and

(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.

(4) P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).”.

(5) For regulation 38B (accrued earned pension attributable to a transfer value payment in respect of relevant fee-paid judges) substitute—

“Purported transfer value payment in respect of relevant fee-paid judges

38B.— (1) Paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office; and

(b) one or more purported transfer value payments were made in relation to R during the period of relevant service.

(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.”.

(6) In Schedule 1 (payments for extra pension)—

(a) in paragraph 1 (interpretation), after the definition of “period of service”, insert—

““purported added pension payment” means a payment—

(a)

which was made by either—

(i)

a person “P” who has remediable service in a judicial office; or

(ii)

a relevant fee-paid judge who has relevant service in a judicial office;

(b)

which was intended to be an added pension payment under this Part; and

(c)

which was not an added pension payment under this Part due to—

(i)

a determination by a court or tribunal that, as a result of a non-discrimination rule, any person has rights under a judicial legacy scheme in respect of P’s remediable service;

(ii)

an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or

(iii)

the payment being made in relation to a relevant fee-paid judge;”;

(b) for paragraph 23A (added pension in respect of judges with remediable service) substitute—

“Added pension payment or purported added pension payment in respect of judges with remediable service

23A.— (1) Sub-paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) one or more purported added pension payments were made by P during the period of remediable service;

(c) an immediate detriment remedy has been obtained in relation to the period of remediable service;

(d) the notification period in relation to P under regulation 14(2) of the 2023 Regulations has passed;

(e) a request has not been made in respect of P under regulation 24 of the 2023 Regulations; and

(f) no payment has been made to P of a value which represents the full value of P’s purported added pension payments (as referred to in paragraph (b)).

(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported added pension payments.

(3) Sub-paragraph (4) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) P made one or more added pension payments during the period of remediable service;

(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P;

(d) the election period in relation to P under section 69(1) of PSPJOA 2022 has passed; and

(e) a request has not been made in respect of P under regulation 8 of the 2023 Regulations.

(4) P is to be treated as an active member of this scheme for all purposes in connection with the added pension payments referred to in sub-paragraph (3)(b).”;

(c) for paragraph 23B (added pension in respect of relevant fee-paid judges) substitute—

“Purported added pension in respect of relevant fee-paid judges

23B.— (1) Sub-paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office;

(b) one or more purported added pension payments were made by R during the period of relevant service;

(c) the notification period in relation to R under regulation 30(2)(b) of the 2023 Regulations has passed; and

(d) a request has not been made in respect of R under regulation 40 of the 2023 Regulations.

(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as having been an active member of this scheme for all purposes in connection with the purported added pension payments.”.

(1)

S.I. 2015/182 as amended by S.I. 2017/508, S.I. 2021/36, S.I. 2022/319 and S.I. 2023/766.

(2)

The definition of “active member” was substituted by S.I. 2023/766.

(3)

See section 39 of PSPJOA 2022 for the meaning of “remediable service”.

(4)

See section 103(3) of PSPJOA 2022 for the meaning of “relevant fee-paid judge”.

(5)

See section 68(4) of PSPJOA 2022 for the meaning of “non-discrimination rule”.

(6)

See section 68 of PSPJOA 2022 for provision about whether an “immediate detriment remedy” has been obtained.