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Judicial Pensions and Retirement Act 1993

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  1. Introductory Text

  2. Part I New Arrangements for Judicial Pensions

    1. Application of Part I

      1. 1. Persons to whom this Part applies.

    2. Pensions for judicial officers

      1. 2. The judicial officer’s entitlement to a pension.

      2. 3. The appropriate annual rate.

    3. Derivative benefits

      1. 4. Lump sum on the judicial officer’s retirement or death.

      2. 5. Surviving spouse’s pension.

      3. 6. Grant and payment of a children’s pension.

      4. 7. Children’s pension: meaning of “period of childhood and full-time education”.

      5. 8. Rate of children’s pension.

      6. 9. Contribution towards cost of surviving spouse’s and children’s pension.

    4. Additional voluntary contributions

      1. 10. Additional benefits from voluntary contributions.

    5. Relationship with other pension schemes

      1. 11. Provision against pensions under two or more judicial pension schemes.

      2. 12. Transfer of rights of persons holding qualifying judicial office before commencement.

      3. 12A.Transfer of rights under other public service pension schemes

      4. 12B.Rate of pension etc. where rights transferred under section 12 or 12A

      5. 13. Election for personal pension instead of judicial pension.

    6. Supplemental provisions

      1. 14. Application of this Part to holders of the office of Lord Chancellor.

      2. 15. Circuit judges: the Recorder of London and the Common Serjeant.

      3. 16. Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.

      4. 17. Effect of certain nullity decrees.

      5. 18. Continuity of tax treatment.

  3. Part II Miscellaneous, General and Supplementary Provisions

    1. Additional benefits in respect of disregarded earnings

      1. 19. Benefits in respect of earnings in excess of pension-capped salary.

    2. General provisions connected with the new schemes

      1. 20. Appeals.

      2. 21. Pensions payable to judicial officers etc. by local authorities in England and Wales.

      3. 22. Application of the Pensions (Increase) Act 1971.

      4. 23. Transfer of accrued benefits.

      5. 23A. Pension credits

      6. 24. Corresponding minor amendments to other enactments.

    3. Pensions for senior public investigative officers

      1. 25. The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.

    4. Retirement date for certain judicial officers etc

      1. 26. Retirement date for holders of certain judicial offices etc.

      2. 27. Completion of proceedings after retirement.

    5. Miscellaneous and supplementary provisions

      1. 28. Payments charged on Consolidated Fund etc.

      2. 28A.Northern Ireland

      3. 29. Regulations and orders.

      4. 30. Interpretation.

      5. 31. Short title, supplementary provisions and extent.

  4. SCHEDULES

    1. SCHEDULE 1

      The offices which may be qualifying judicial offices

      1. Part I Judges

        1. Lord of Appeal in Ordinary Lord Chief Justice of England...

      2. Part II Other appointments

        1. Court officers

          1. Master, Queen’s Bench Division Queen’s Coroner and Attorney and Master...

        2. Members of tribunals

          1. Chief or other Social Security Commissioner, excluding appointments in pursuance...

        3. Other offices whose holders are appointed by the Lord Chancellor

          1. Judge Advocate General Vice Judge Advocate General Assistant Judge Advocate...

        4. Other offices

          1. Chairman of the Criminal Injuries Compensation Board incorporated under section...

    2. SCHEDULE 1A

      SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS

      1. The commencement date

        1. 1.In this Schedule “ the commencement date ” means 5th...

      2. Service wholly before the commencement date

        1. 2.No surviving civil partner's pension shall be payable in respect...

      3. Service partly before and partly on the commencement date

        1. 3.(1) The annual rate of a surviving civil partner's pension...

    3. SCHEDULE 2

      Transfer of accrued benefits

      1. Part I General

        1. Interpretation

          1. 1.In this Schedule— “authorised insurance company” means an insurance company...

        2. Regulations

          1. 2.Regulations for the purposes of this Schedule may be made,...

        3. Other provisions about transfer values

          1. 3.Chapter IV of Part IV of the Pension Schemes Act...

      2. Part II Transfers out

        1. Qualifying members

          1. 4.(1) Where the conditions mentioned in sub-paragraph (2) below are...

        2. Qualifying member’s right to a transfer payment

          1. 5.(1) When his qualifying service ends, a qualifying member acquires...

        3. Method of taking cash benefit

          1. 6.(1) A qualifying member who acquires a right to a...

        4. Calculation of cash equivalents

          1. 7.(1) Cash equivalents are to be calculated and verified in...

        5. Time within which option must be exercised

          1. 8.(1) A qualifying member may only exercise his option on...

        6. Option to be exercised in writing

          1. 9.(1) A qualifying member may only exercise his option by...

        7. Cancellation of exercise of option

          1. 10.(1) A qualifying member may cancel the exercise of his...

      3. Part III Transfers in

        1. Application to accept payment into scheme

          1. 11.(1) Where a member of a scheme has asked the...

        2. Cancellation of request

          1. 12.(1) A member may, by notice in writing given to...

        3. Regulations

          1. 13.Regulations may— (a) prescribe limits on the amounts which the...

    4. SCHEDULE 2A

      PENSION CREDITS

      1. 1.(1) In any case where— (a) a person (“the transferee”)...

      2. 2.The appropriate Minister shall have no power to accept, for...

    5. SCHEDULE 3

      Corresponding minor amendments to other pensions enactments

      1. Part I Amendments of the 1981 Act

        1. Dependent children: maximum allowable remuneration

          1. 1.(1) In section 21 of the 1981 Act (meaning of...

        2. Appeals

          1. 2.(1) Section 15 of the 1981 Act (which provides that...

        3. Additional voluntary contributions

          1. 3.(1) Section 33A of the 1981 Act (which confers power...

      2. Part II Amendment of the Sheriffs’ Pensions (Scotland) Act 1961

        1. Appeals

          1. 4.After section 9 of the Sheriffs’ Pensions (Scotland) Act 1961...

      3. Part III Amendments of Northern Ireland Provisions

        1. Interpretation

          1. 5.In this Part of this Schedule— “the 1951 Act” means...

        2. Dependent children: maximum allowable remuneration

          1. 6.(1) In subsection (1)(c)(ii) of each of the following enactments...

        3. Appeals

          1. 7.(1) The following enactments (which correspond to section 15 of...

        4. Additional voluntary contributions

          1. 8.(1) The following enactments (which correspond to section 33A of...

    6. SCHEDULE 4

      Pensions for senior public investigative officers

      1. Part I The Comptroller and Auditor General

        1. 1.For section 13 of the Superannuation Act 1972 (pension provision...

      2. Part II The Parliamentary Commissioner for Administration

        1. 2.For Schedule 1 to the Parliamentary Commissioner Act 1967 (pension...

      3. Part III The Health Service Commissioners

        1. The Health Service Commissioners for England and for Wales

          1. 3.(1) Section 107 of the National Health Service Act 1977...

        2. The Health Service Commissioner for Scotland

          1. 4.(1) Section 91 of the National Health Service (Scotland) Act...

      4. Part IV The Comptroller and Auditor General for Northern Ireland

        1. 5.(1) The Audit (Northern Ireland) Order 1987 shall be amended...

      5. Part V The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints

        1. 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. SCHEDULE 5

      Retirement provisions: the relevant offices

      1. Lord of Appeal in Ordinary Judge of the Supreme Court...

    8. SCHEDULE 6

      Retirement dates for certain judicial offices

      1. The Judicial Committee of the Privy Council

        1. 1.(1) At the end of section 3 of the Appellate...

      2. Lords of Appeal

        1. 2.In section 5 of the Appellate Jurisdiction Act 1876, after...

      3. Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland

        1. 3.In subsection (1) of section 2 of the Judicial Pensions...

      4. Judges of the Supreme Court

        1. 4.In subsection (2) of section 11 of the Supreme Court...

      5. Acting and deputy judges

        1. 5.(1) In section 9 of the Supreme Court Act 1981,...

      6. Temporary Judges of the Court of Session

        1. 6.(1) In paragraph 5 of Schedule 4 to the Law...

      7. Acting judges of the High Court or Court of Appeal in Northern Ireland

        1. 7.In section 7 of the Judicature (Northern Ireland) Act 1978,...

      8. Circuit judges

        1. 8.(1) Section 17 of the Courts Act 1971 (retirement of...

      9. Recorders, deputy Circuit judges and assistant Recorders

        1. 9.(1) In section 21 of the Courts Act 1971, in...

      10. Sheriffs

        1. 10.In the Sheriff Courts (Scotland) Act 1971, after section 5...

      11. Temporary sheriffs

        1. 11.In section 11 of the Sheriff Courts (Scotland) Act 1971...

      12. County Court Judge in Northern Ireland

        1. 12.In section 105 of the County Courts Act (Northern Ireland)...

      13. Deputy judge of a county court in Northern Ireland

        1. 13.In section 107 of the County Courts Act (Northern Ireland)...

      14. Officers of the Supreme Court

        1. 14.(1) Section 92 of the Supreme Court Act 1981 (tenure...

      15. Deputy and temporary officers of the Supreme Court

        1. 15.In section 91 of the Supreme Court Act 1981, in...

      16. Deputy district judges of district registries of the High Court

        1. 16.In section 102 of the Supreme Court Act 1981, at...

      17. District judges and deputy district judges of county courts

        1. 17.(1) In section 8 of the County Courts Act 1984...

      18. Statutory officers in Northern Ireland

        1. 18.In section 71 of the Judicature (Northern Ireland) Act 1978,...

      19. Stipendiary magistrates in England and Wales

        1. 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      20. Resident Magistrates in Northern Ireland

        1. 20.For section 1 of the Resident Magistrates’ Pensions Act (Northern...

      21. Social security: Commissioners, and the President and chairmen of appeal tribunals

        1. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      22. Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland

        1. 22.(1) Paragraph 1 of Schedule 2 to the Social Security...

      23. Child support: Commissioners and chairmen of appeal tribunals

        1. 23.(1) In Schedule 3 to the Child Support Act 1991...

      24. Chairmen of child support appeal tribunals in Northern Ireland

        1. 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      25. Chairman of the Foreign Compensation Commission

        1. 25.In section 1 of the Foreign Compensation Act 1950 (constitution...

      26. Commons Commissioners

        1. 26.In section 17 of the Commons Registration Act 1965 (which...

      27. President and chairmen of employment tribunals

        1. 27.(1) The Employment Tribunals(England and Wales) Regulations 1965 shall be...

      28. President, Vice-President and chairmen of industrial tribunals and of the Fair Employment Tribunal

        1. 28.(1) In subsection (3) of section 3 of the Fair...

      29. President of the Industrial Court in Northern Ireland

        1. 29.In Article 91 of the Industrial Relations (Northern Ireland) Order...

      30. Members of the Employment Appeal Tribunal

        1. 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      31. The Lands Tribunal and the Lands Tribunal for Scotland

        1. 31.In section 2 of the Lands Tribunal Act 1949, after...

      32. The Lands Tribunal for Northern Ireland

        1. 32.In section 2 of the Lands Tribunal and Compensation Act...

      33. Judge Advocate of Her Majesty’s Fleet

        1. 33.In section 28 of the Courts-Martial (Appeals) Act 1951, in...

      34. Judge Advocate General and related offices

        1. 34.In subsection (2) of section 32 of that Act (which...

      35. Value added tax tribunals

        1. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      36. Special, and deputy Special, Commissioners for Income Tax

        1. 36.(1) In section 4 of the Taxes Management Act 1970...

      37. President or other member of the Immigration Appeal Tribunal

        1. 37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      38. Immigration adjudicators

        1. 38.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      39. Pensions Appeal Tribunals

        1. 39.In the Schedule to the Pensions Appeal Tribunals Act 1943,...

      40. Mental Health Review Tribunals

        1. 40.In Schedule 2 to the Mental Health Act 1983 (which...

      41. The Financial Services Tribunal

        1. 41.In Schedule 6 to the Financial Services Act 1986, in...

      42. Tribunals and advisory bodies under the Misuse of Drugs Act 1971

        1. 42.(1) Schedule 3 to the Misuse of Drugs Act 1971...

      43. Restrictive Practices Court

        1. 43.(1) In section 3 of the Restrictive Practices Court Act...

      44. Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988

        1. 44.Section 706 of the Income and Corporation Taxes Act 1988...

      45. Arbitrator appointed under the Agricultural Holdings Act 1986

        1. 45.In Schedule 11 to the Agricultural Holdings Act 1986 (which...

      46. Agricultural Land Tribunals

        1. 46.(1) Schedule 9 to the Agriculture Act 1947 (constitution etc...

      47. The Aircraft and Shipbuilding Industries Arbitration Tribunal

        1. 47.In section 42 of the Aircraft and Shipbuilding Industries Act...

      48. Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963

        1. 48.In section 29 of the Betting, Gaming and Lotteries Act...

      49. The Copyright Tribunal

        1. 49.In section 146 of the Copyright, Designs and Patents Act...

      50. The Data Protection Tribunal

        1. 50.In Schedule 2 to the Data Protection Act 1984, in...

      51. Independent Schools Tribunals

        1. 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      52. President of a tribunal constituted under Schedule 3 to the Industry Act 1975

        1. 52.(1) In Schedule 3 to the Industry Act 1975, paragraph...

      53. Tribunal constituted under Schedule 9 to the National Health Service Act 1977

        1. 53.In regulation 26 of the National Health Service (Service Committees...

      54. Chairman of the Plant Varieties and Seeds Tribunal

        1. 54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      55. Chairman of a Registered Homes Tribunal

        1. 55.In section 40 of the Registered Homes Act 1984, at...

      56. Rent Assessment Committees

        1. 56.In Schedule 10 to the Rent Act 1977, after paragraph...

      57. The Transport Tribunal

        1. 57.(1) Paragraph 3 of Schedule 4 to the Transport Act...

      58. Tribunal established under section 9 of the Wireless Telegraphy Act 1949

        1. 58.In Schedule 2 to the Wireless Telegraphy Act 1949, in...

      59. Wreck commissioner

        1. 59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      60. Chairman of a Reinstatement Committee

        1. 60.In Schedule 2 to the Reserve Forces (Safeguard of Employment)...

      61. Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954

        1. 61.In Schedule 3 to the Mines and Quarries Act 1954,...

      62. Courts of inquiry under section 52 of the Merchant Shipping Act 1970

        1. 62.In rule 5 of the Merchant Shipping (Section 52 Inquiries)...

      63. Chairman of a vaccine damage tribunal in Northern Ireland

        1. 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      64. Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986

        1. 64.In section 47 of the Building Societies Act 1986 (tribunals...

      65. Chairman of a tribunal constituted under section 28 of the Banking Act 1987

        1. 65.In section 28 of the Banking Act 1987 (tribunals to...

      66. Arbitrators appointed under Schedule 10 to the Electricity Act 1989

        1. 66.In paragraph 9 of Schedule 10 to the Electricity Act...

      67. Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992

        1. 67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      68. Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992

        1. 68.In section 59 of the Friendly Societies Act 1992 (tribunal...

    9. SCHEDULE 7

      Retirement dates: transitional provisions

      1. Interpretation

        1. 1.(1) In this Schedule— “potential retirement date”, in relation to...

      2. Salaried offices

        1. 2.(1) This paragraph applies to any person who for the...

      3. Fee-paid offices

        1. 3.(1) This paragraph applies to any person who for the...

      4. Persons holding a relevant office by virtue of a continuation power

        1. 4.Where, immediately before the appointed day, a person was holding...

      5. Ascertainment of potential retirement date

        1. 5.(1) For the purposes of this Schedule, a person’s potential...

    10. SCHEDULE 8

      Minor and consequential amendments

      1. The Courts-Martial (Appeals) Act 1951

        1. 1.Section 35 of the Courts-Martial (Appeals) Act 1951 (pension arrangements...

      2. The County Courts Act (Northern Ireland) 1959

        1. 2.At the end of section 116 of the County Courts...

      3. The Resident Magistrates’ Pensions Act (Northern Ireland) 1960

        1. 3.In section 2 of the Resident Magistrates’ Pensions Act (Northern...

      4. The Foreign Compensation Act 1962

        1. 4.In section 3 of the Foreign Compensation Act 1962, after...

      5. The Lands Tribunal and Compensation Act (Northern Ireland) 1964

        1. 5.In section 2 of the Lands Tribunal and Compensation Act...

      6. The Superannuation Act 1965

        1. 6.In section 39A of the Superannuation Act 1965 (superannuation benefits...

      7. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969

        1. 7.In section 2 of the Superannuation (Miscellaneous Provisions) Act (Northern...

      8. The Taxes Management Act 1970

        1. 8.In section 4 of the Taxes Management Act 1970, after...

      9. The Immigration Act 1971

        1. 9.In Schedule 5 to the Immigration Act 1971, paragraphs 3...

      10. The Administration of Justice Act 1973

        1. 10.(1) Section 10 of the Administration of Justice Act 1973...

      11. The Social Security (Northern Ireland) Act 1975

        1. 11.In paragraph 6 of Schedule 10 to the Social Security...

      12. The Social Security Pensions Act 1975

        1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      13. The Social Security Pensions (Northern Ireland) Order 1975

        1. 13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      14. The Judicature (Northern Ireland) Act 1978

        1. 14.At the end of section 72 of the Judicature (Northern...

      15. The Supreme Court Act 1981

        1. 15.(1) In section 12 of the Supreme Court Act 1981,...

      16. The Value Added Tax Act 1983

        1. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      17. The County Courts Act 1984

        1. 17.In the County Courts Act 1984— (a) section 7 (which...

      18. The Social Security Act 1986

        1. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      19. The Social Security (Northern Ireland) Order 1986

        1. 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      20. The Criminal Justice Act 1988

        1. 20.In Schedule 6 to the Criminal Justice Act 1988, in...

      21. The Child Support Act 1991

        1. 21.(1) In paragraph 4 of Schedule 3 to the Child...

      22. The Child Support (Northern Ireland) Order 1991

        1. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      23. The Social Security Administration Act 1992

        1. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      24. The Social Security Administration (Northern Ireland) Act 1992

        1. 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. SCHEDULE 9

      Repeals and revocations

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