SCHEDULES
SCHEDULE 9Tribunals: transitional provision
Part 4Amendments to the Judicial Pensions and Retirement Act 1993
15
1
Section 1 (application of Part 1: judicial pensions) is amended as follows.
2
In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert
and
e
to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;
3
In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “
and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal)
”
.
4
After subsection (4) insert—
4A
The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—
a
the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);
b
the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and
c
the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.
4B
The offices within this subsection are—
a
the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,
b
the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,
c
the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and
d
the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.