The Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 1996

11.  Regulation 4.7 is amended as follows—

(a) in paragraph (1), for “Regulations 4.6(1) to (3) and 4.6(6)” substitute “Regulation 4.6(2), (3) and (6)”.

(b) after paragraph (1) insert—

“(1A) The right to purchase added units of surviving spouse’s pension must be exercised by notice in writing to the administrators while the member is still holding qualifying judical office and may not be exercised if the member has reached his assumed retirement age or in the twelve months before he reaches that date.”.

(c) for paragraph (2) substitute—

“(2) Contributions shall be expressed as a level monthly payment per unit of additional surviving spouse’s pension and the level of monthly payment, subject to a minimum of £1, shall be calculated in accordance with the formula

where—

a

A is determined by reference to the member’s age last birthday at the date agreed under regulation 4.6(3) (as applied by regulation 4.7(1)) and the member’s assumed retirement age as set out in the table in Schedule 2; and

b

B is the length of time between the date agreed under regulation 4.6(3) (as applied by regulation 4.7(1)), and the member’s assumed retirement age (expressed in years and fractions of a year to four decimal places);

subject to the limit on total contributions allowed in any one year by regulation 4.9(2).

(3) Where the member’s assumed retirement age does not fall on his birthday, the factor referred to in paragraph (2)(a) shall be determined by interpolation in accordance with paragraph (4).

(4) The interpolation referred to in paragraph (3) shall be effected by applying the formula

where—

a

X is determined in accordance with paragraph 2(a) on the basis that reference to the member’s assumed retirement age was a reference to his age on his last birthday before his assumed retirement age;

b

Y is determined in accordance with paragraph 2(a) on the basis that the reference to the member’s assumed retirement age was a reference to his age on his next birthday after his assumed retirement age; and

c

Z is the number of months of service between the member’s last birthday before his assumed retirement age and his assumed retirement age.

(5) For each part unit of benefit purchased, the rate shall be that determined in accordance with paragraphs (2) and (3) multiplied by the appropriate decimal fraction (to four decimal places).”.