- Latest available (Revised)
- Point in Time (06/04/2010)
- Original (As enacted)
Point in time view as at 06/04/2010.
There are currently no known outstanding effects for the Judicial Pensions and Retirement Act 1993, Cross Heading: Additional voluntary contributions.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8(1)The following enactments (which correspond to section 33A of the 1981 Act), that is to say—N.I.
(a)section 11A of the 1951 Act,
(b)section 127A of the 1959 Act, and
(c)section 9A of the 1960 Act,
shall be amended in accordance with the following provisions of this paragraph.
(2)In subsection (1), after the word “provision” there shall be inserted “ (a) ” and for the words “under the scheme” there shall be substituted the words “whether under the scheme or otherwise; or
(b)imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions.”
(3)After that subsection there shall be inserted—
“(1A)The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to—
(a)the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and
(b)the amount which any such member may pay by way of such contributions;
and, without prejudice to the generality of paragraph (b), the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) will not exceed the limit prescribed under that paragraph.
(1B)The regulations may—
(a)prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A);
(b)confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;
(c)permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—
(i)to, or to any officers of, the Commissioners of Inland Revenue; or
(ii)to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.”
(4)In subsection (2), in paragraph (b) (no limit on voluntary contributions, other than an upper limit corresponding to that imposed by section 594 of the M1Income and Corporation Taxes Act 1988) after the words “other than” there shall be inserted the words “either or both of the following, that is to say—
(i)such upper limit as may be imposed by virtue of subsection (1A)(b); or
(ii) ”.
(5)At the end of that subsection there shall be added the words—
“ but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act. ”
(6)In subsection (3) (regulations about valuation of benefits etc)—
(a)the word “and” immediately preceding paragraph (b) shall be omitted; and
(b)in that paragraph, for the words “limit imposed by virtue of” there shall be substituted the words “ such limit as is mentioned in ”.
(7)At the end of that subsection there shall be added—
“(c)provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;
(d)provide for the manner in which voluntary contributions are to be made;
(e)make provision for, and in connection with, the valuation of a person’s accrued rights—
(i)under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or
(ii)under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;
(f)prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;
(g)make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;
(h)provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;
(i)provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;
(j)specify any authorised providers—
(i)who are to invest any prescribed voluntary contributions, or
(ii)who are to provide any prescribed additional benefits,
and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.”
(8)Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted—
“(4A)The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—
(a)to be charged on, and paid out of, the Consolidated Fund of the United Kingdom; or
(b)to be paid out of money provided by the Parliament of the United Kingdom.”
(9)After subsection (6) there shall be added—
“(7)In this section—
“administrators”, in relation to any scheme, means the persons entrusted with the administration of that scheme;
“aggregable benefits” means—
any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);
such additional benefits so mentioned as may be prescribed; and
such retained benefits as may be prescribed;
“authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
“employment” has the same meaning as it has in the Social Security Pensions (Northern Ireland) Order 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Order);
“judicial pension scheme” means a scheme constituted by this Act;
“member” means member of a judicial pension scheme;
“occupational pension scheme” has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
“personal pension scheme” has the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
“prescribed” means specified in, or determined in accordance with, the regulations;
“relevant benefits” has the meaning given by section 612(1) of the Income and Corporation Taxes Act 1988;
“retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
“surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);
“tax-exemption” and “tax-approval” have the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;
“voluntary contributions”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;
“voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;
and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
(8)Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom—
(a)any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
(b)any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.
(9)Any sums received under this section may be paid into the Consolidated Fund of the United Kingdom.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: