The Judicial Pensions (Fee-Paid Judges) Regulations 2017

In these Regulations—

• “the 1995 Regulations” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 F3;

• “the 2017 schemes” means the principal scheme, the JAVC scheme, the FPJAYS and the JASAPS;

• “the JAVC scheme” has the meaning given by regulation 90;

• “the FPJAYS” means the Fee-Paid Judicial Added Years Scheme constituted by Part 13;

• “the JASAPS” means the Fee-Paid Judicial Added Surviving Adult's Pension Scheme constituted by Part 14;

• “active member” has the meaning given by regulation 9;

• “the administrators” means the administrators entrusted with the administration of the scheme constituted by Part 1 of the Judicial Pensions and Retirement Act 1993;

• “appropriate annual salary” has the meaning given by regulation 7;

• “benefits” means any pension or lump sum payable under the principal scheme except where the context otherwise requires;

• “benefit crystallisation event” has the meaning given by section 216 of the Finance Act 2004 F4;

• “the commencement day” means the date on which these Regulations come into force;

• “eligible child” has the meaning given by regulation 40;

• “eligible fee-paid judicial office” has the meaning given by regulation 3(2);

• “fee-paid judicial office” has the meaning given by regulation 3(1);

• “guaranteed minimum pension” has the meaning given in paragraph 1(1) of Schedule 2 to the Judicial Pensions and Retirement Act 1993 F5;

• “the ill-health certification condition” has the meaning given by regulation 23;

• “the interim payments amount” has the meaning given by regulation 49;

• “judicial office” has the meaning given by regulation 3(1);

• “lifetime allowance charge” has the meaning given by section 214 of the Finance Act 2004;

• “member” means a person who is a member of the principal scheme under regulation 8;

• “normal pension age” means (except in Part 11) age 65, or the age of a member on the date on which that member has completed in aggregate at least 5 years' qualifying judicial service if that date is later than the date on which the member attains the age of 65;

• “opted-out member” has the meaning given by regulation 9;

• “partial retirement” has the meaning given by regulation 3(4);

• “permitted maximum” has the meaning given in section 3(3A) of the Judicial Pensions and Retirement Act 1993 F6;

• “the principal scheme” means the scheme constituted by Parts 1 to 11 of these Regulations;

• “qualifying child” in relation to a member means a child who would be an eligible child if the member were dead;

• “qualifying fee-paid day” has the meaning given by regulation 4;

• “qualifying fee-paid service” has the meaning given by regulation 4;

• “qualifying judicial service” has the meaning given by regulation 6;

• “reckonable service” has the meaning given by regulation 5;

• “registered pension scheme” means a pension scheme that is a registered pension scheme under Chapter 2 of Part 4 of the Finance Act 2004 F7;

• “retires” has the meaning given by regulation 3(3) and cognate expressions are to be construed accordingly;

• “surviving adult” has the meaning given by regulation 35(a);

• “surviving adult's pension” has the meaning given by regulation 35(d);

• “surviving civil partner” has the meaning given by regulation 35(c);

• “surviving spouse” has the meaning given by regulation 35(b);

• “tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 F8.

For the purposes of these Regulations, a fee-paid judicial office held by a person (“P”) is an “eligible fee-paid judicial office” if P satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office.

In these Regulations, a reference to a member taking “partial retirement” in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2).

In these Regulations “qualifying fee-paid service”, in relation to an eligible fee-paid judicial office held by P, means (subject to paragraph (5)) the total number of qualifying fee-paid days worked by P in that office.

Where the fee paid to P in respect of a qualifying fee-paid day was not paid at the full daily rate for the fee-paid judicial office in question but at a proportion of that rate, only that proportion of the qualifying fee-paid day is to be taken into account under paragraph (4) in determining P's qualifying fee-paid service.

For the purposes of this regulation, “fee” does not include statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay.

Where at any time after 1st April 2010 P takes maternity leave during P's appointment to an eligible fee-paid judicial office P's qualifying fee-paid service is to be increased by adding Z days in relation to each period of maternity leave taken by P after that date, where Z is determined in accordance with the following formula—

W × A 52

For the purposes of paragraph (6), “maternity leave” includes compulsory maternity leave and ordinary maternity leave as defined in section 213 of the Equality Act 2010 F11.

In these Regulations, “reckonable service”, in relation to an eligible fee-paid judicial office (“the relevant office”) held by a member (“P”), means the period, expressed in years and any fraction of a year, determined in accordance with the following formula—

M N

But where P's reckonable service in relation to the relevant office, as determined under paragraph (1), is greater than the maximum amount in relation to that office, P's reckonable service is instead that maximum amount.

Paragraph (4) applies where, on the reckonable service date, the only eligible fee-paid judicial office in which P has qualifying fee-paid service is the relevant office.

The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

20 − A

The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

20 − ( A + B )

Paragraph (8) applies where P ceases to hold one or more eligible fee-paid judicial offices on the reckonable service date.

The maximum amount in relation to each of those eligible fee-paid judicial offices is to be calculated separately by taking the following steps.

• Step 1

  Calculate the maximum amount for the eligible fee-paid judicial office with the highest appropriate annual salary in accordance with the formula—

  $20-\left(A+B\right)$

• Step 2

  Calculate the maximum amount for each of the other eligible fee-paid judicial offices in turn, taking the judicial office with the next highest appropriate annual salary before judicial offices with a lower appropriate annual salary, in accordance with the formula—

  $20-\left(A+B+C\right)$

For the purposes of paragraphs (10)(b)(i) and (11)(b)(i), the aggregate length of P's reckonable service in the eligible fee-paid judicial offices referred to in those paragraphs is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply.

Where paragraph (6) or (8) do not permit all P's reckonable service to be taken into account, P's reckonable service in judicial offices with a higher appropriate annual salary is to be taken into account before P's reckonable service in judicial offices with a lower appropriate annual salary.

Where the maximum amount in relation to the relevant office would (apart from this paragraph) be negative, it is instead nil.

In this regulation “the reckonable service date” means the day on which P ceases to hold the relevant office.

In these Regulations, “qualifying judicial service”, in relation to a member (“P”), means the period during which P holds a judicial office.

References in these Regulations to “the appropriate annual salary” of a judicial office (“the relevant judicial office”) held by a member (“P”), are to be construed in accordance with paragraphs (2) and (3).

Where the relevant judicial office is a fee-paid judicial office, the references are to the amount determined in accordance with the following formula—

F × N

In paragraph (5)—

• “the 2013 Act” is the Public Service Pensions Act 2013 F14;

• “the 2014 Act” is the Public Service Pensions Act (Northern Ireland) 2014 F15;

• “existing scheme” has the meaning given by section 18(2) of the 2013 Act and section 18(2) of the 2014 Act.

If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.

Subject to regulation 9(2), the member opts out on the date specified under paragraph (2) or, if earlier, 3 months after the date on which the appropriate Minister receives the notice.

A member (“P”) who has opted out and who has not retired may apply to the appropriate Minister, in the form determined by the appropriate Minister, to opt back in.

The application must be accompanied by such evidence relating to P's health as the appropriate Minister may require.

P must submit to any medical examination as the appropriate Minister may require in connection with the application.

If the appropriate Minister is satisfied that P is in good health, the appropriate Minister must allow the application.

If the appropriate Minister has allowed the application, the member opts back in on the date specified under paragraph (5)(b), or (if earlier), the date three months after the date on which the application was received.

On the pension start day, P becomes entitled to the payment for life of a pension.

The annual rate of a pension to which a member (“P”) becomes entitled under regulation 12 is determined under paragraph (3), (5) or (7) (whichever applies).

Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office (“the relevant office”).

The annual rate is determined in accordance with the following formula—

R 40 × S

The annual rate is determined in accordance with the following formula—

A R 40 × S

The annual rate is determined by taking the following steps—

• Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously, as if—

  1. i

     that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5); and

  2. ii

     P held that office (and held no other judicial office) immediately before retirement.

• Determine the annual rate under paragraph (5) in relation to those relevant offices which P did not hold simultaneously with another relevant office, and for these purposes, in paragraph (5), S is—

  1. i

     where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

  2. ii

     where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

On the pension start day, P becomes entitled to the payment for life of a pension.

The administrators must notify P of the recommendation under paragraph (1)(c).

The annual rate of a pension to which a member (“P”) becomes entitled under regulation 14 or 15 is determined under paragraph (3), (5) or (7) (whichever applies).

Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office (“the relevant office”).

The annual rate is determined in accordance with the following formula—

( R 40 ) × ( A + ( B 365 × ( C − A ) ) )

The annual rate is determined in accordance with the following formula—

( A R 40 × S ) × ( A + ( B 365 × ( C − A ) ) )

The annual rate is determined by taking the following steps:

• Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously, as if—

  1. i

     that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  2. ii

     P held that office (and held no other judicial office) immediately before retirement.

• Determine the annual rate under paragraph (5), in relation to those relevant offices which P did not hold simultaneously with another judicial office, and for these purposes, in paragraph (5) S is—

  1. i

     where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

  2. ii

     where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

On the pension start day, P becomes entitled to the payment for life of a pension.

The annual rate of a pension to which a member (“P”) is entitled under regulation 17 is determined under paragraph (3) or (5) (whichever applies).

The annual rate is determined in accordance with the following formula—

( R 40 × S ) × Z Z + Y

The annual rate is determined by taking the following steps—

• Determine the annual rate under paragraph (3) of this regulation in relation to those relevant offices which P did not hold simultaneously with another relevant office, and for these purposes, in paragraph (3)(b), S is—

  1. i

     where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

  2. ii

     where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously, as if—

  1. i

     that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  2. ii

     P held that office (and held no other judicial office) immediately before retirement.

On the pension start day, P becomes entitled to the payment for life of a pension.

On the pension start day, P becomes entitled to the payment for life of a pension.

The annual rate of a pension to which a member (“P”) becomes entitled under regulation 21 is determined in accordance with the following steps.

Determine the annual rate of the pension to which P is entitled under regulation 13.

Determine the annual rate of the enhancement (see paragraph (2)).

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 F19) to exercise any of his or her functions under this regulation.

This regulation applies where a member (“P”) retires on or after the commencement day, and becomes entitled to the payment of a pension under this Part.

At the time P becomes entitled to the payment of the pension, P becomes entitled to a lump sum.

The amount of the lump sum is to be determined in accordance with the following formula—

A × 2.25

This regulation applies where a member (“P”) retires and subsequently resumes judicial office.

The resumption of judicial office does not affect the entitlement of P to any payment under the principal scheme in respect of any period before the resumption.

No amounts are payable to or in respect of P under the principal scheme as a result of the retirement mentioned in paragraph (1) in respect of any period after the resumption.

A person to whom a lump sum is paid under the principal scheme as a result of the retirement mentioned in paragraph (1) is not required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded is to be deducted from any lump sum which subsequently becomes payable to or in respect of that person under the principal scheme.

P may take partial retirement in relation to the relevant office by giving notice in writing to the appropriate Minister.

A notice under this regulation has effect on the day on which it is received by the appropriate Minister, and is irrevocable.

Where a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), P is treated for the purposes of the relevant provisions as if P had retired on the day on which P ceased to hold the relevant office.

In the application of the relevant provisions in relation to P's deemed retirement under paragraph (1), P is treated as having reckonable service only in the relevant office.

The application of the relevant provisions in relation to P's deemed retirement under paragraph (1) (and P's pension under Part 3 in respect of that deemed retirement) does not prevent their application in relation to P's actual retirement (and P's pension under Part 3 in respect of that retirement).

In the application of the relevant provisions in relation to P's actual retirement, P is treated as having no reckonable service in the relevant office.

In this Part “the transferee”, “the 1999 Act”, “the 1999 Order” and “P” have the meanings given by paragraph (1).

On the pension start day the transferee becomes entitled to the payment for life of a pension.

The annual rate of the pension to which the transferee is entitled under regulation 30 is the rate in relation to which the following condition is met.

The annual rate of the pension must be calculated in in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on behalf of the Government Actuary for that purpose.

This regulation applies if the transferee becomes entitled to the pension credit before P becomes entitled to a lump sum under Part 3.

At the time the transferee becomes entitled to a pension under regulation 30, the transferee becomes entitled to a lump sum.

The amount of the lump sum is to be determined in accordance with the following formula—

A × 2.25

This regulation applies if the transferee dies before reaching the normal pension age.

On the day after that on which the transferee dies the relevant person becomes entitled to a lump sum.

The amount of the lump sum is to be determined in accordance with the following formula—

A × 2.25

This regulation applies where a member (“P”) dies (whether before, on or after the commencement day) leaving a surviving adult.

On the pension start day, the surviving adult becomes entitled to the payment for life of a pension.

Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld.

The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed.

The annual rate of a pension to which a person becomes entitled under regulation 36 is equal to one half of the rate of the pension of the deceased member ( “ P ”).

For the purposes of this regulation the rate of P's pension is determined as follows.

Where P dies on or after the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

Where P dies before the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

The rate of P's pension, for the purposes of regulation 37, is to be determined on the basis that P first held a judicial office on 5th December 2005.

An election under this regulation is irrevocable.

In a case where the deceased member died while holding an eligible fee-paid judicial office, the references in paragraphs (1) and (2) to things done before the deceased member's retirement are to be read as references to things done before the deceased member's death.

For the purposes of this regulation a person (“C”) is a “natural child” of person (“P”) if P is C's genetic father or mother (including anyone who is to be treated as C's father, mother or parent under Part 2 of the Human Fertilisation and Embryology Act 2008 F28 (“the 2008 Act”), but not including anyone who is not to be so treated under that Part of that Act).

In this regulation, “parental order” means an order made under section 54 or 54A of the 2008 Act.

The age condition is that the person has not reached the age of 16.

In this regulation—

• “pay” means any salary, fees, wages, perquisites, profits or gains and includes the value of any free board, lodging or clothing;

• “the specified maximum” at any time means an annual rate equal to that at which a pension of £250 a year—

  1. a

     first awarded under the Principal Civil Service Pension Scheme on 1st June 1972; and

  2. b

     increased from time to time by the amount of increase that would be applied under the Pensions (Increase) Act 1971 F29 to such a pension,

  would (as so increased) be payable at that time.

Where a premium has been paid in respect of C's training, all emoluments receivable by C, or payable by the employer in respect of C, are to be taken, for the purposes of paragraph (3)(c), as receivable or payable by way of return of the premium, unless and to the extent that the amount of those emoluments exceeds the amount of the premium.

Where the Treasury are satisfied that C's full-time education ought not be regarded as completed, the Treasury may direct that any period during which a person is not in full-time education and is not undergoing eligible training for a trade, profession or vocation, is to be disregarded for the purposes of this regulation.

This regulation applies if a member (“P”) dies (whether before, on or after the commencement day) leaving one or more eligible children.

On the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension.

In this regulation, “the relevant person” means such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons.

The Treasury may direct, where the deceased member leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner.

The Treasury may, at any time, cancel a direction given under paragraph (3).

For the purposes of this regulation the “rate of P's pension” is determined as follows.

Where P dies on or after the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

Where P dies before the commencement day after having retired, the rate of P's pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

A pension to which a person is entitled under regulation 42 is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

On the day after that on which P dies, the relevant person becomes entitled to a lump sum.

The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9), whichever applies).

Paragraph (5) applies where, on P's death, P has reckonable service in only one eligible fee-paid judicial office (“the relevant office”).

The amount of the lump sum is to be determined in accordance with the following formula—

S × 2 × M ÷ N J S

The amount of the lump sum is to be determined in accordance with the following formula—

S × 2 × A M ÷ N J S

The amount of the lump sum is determined by taking the following steps.

• Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously, as if that office were the only eligible fee-paid relevant office held by P.

• Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously, and for these purposes, in paragraph (7)(a), S is—

  1. i

     where P held a single eligible fee-paid judicial office immediately before P's death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P's death;

  2. ii

     where P held more than one eligible fee-paid judicial office immediately before P's death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P's death.

On the day after that on which P dies, P's personal representatives become entitled to a lump sum on behalf of P's estate.

The amount of the lump sum is to be determined in accordance with the following formula—

A × 2.25

On the day after that on which P dies, P's personal representatives become entitled on behalf of P's estate to a lump sum equal to the difference between the total benefits received and the minimum benefits amount.

In this regulation “the total benefits received” means the amount determined in accordance with the following formula—

A + B + C − D

In this regulation “the minimum benefits amount” means the amount determined in accordance with the following formula—

E × 5

Condition A is that amounts were paid to any person during the pre-commencement period in respect of P's retirement or death under arrangements made for the purpose of providing benefits during the pre-commencement period corresponding to those under Part 3 or 6.

In these Regulations “the interim payments amount”, in relation to any person, means the total amount (if any) that was paid to that person under arrangements made for the purpose of providing benefits during the pre-commencement period in respect of P's retirement or death corresponding to those under Part 3 or 6.

In this Part “the pre-commencement benefits amount”, in relation to any person, means, subject to paragraph (3), the total amount (if any) that would have been payable to that person under Part 3 or 6 during the pre-commencement period in respect of P's retirement or death if these Regulations had come into force on the day before the day on which P retired or died without having retired.

Paragraph (5) applies for the purposes of calculating the pre-commencement benefits amount where P is a transition member (within the meaning of paragraph 1 of Schedule 2 to the Judicial Pensions Regulations 2015) who has continuity of service (within the meaning of paragraph 2 of Schedule 2 to those Regulations).

The pre-commencement benefits amount is to be calculated as though the amendments made to the Judicial Pensions Regulations 2015 by the Judicial Pensions (Amendment) Regulations 2017 (“the 2017 Regulations”) (save for regulations 4, 6, 15 and 16 of the 2017 Regulations) had come into force on the day before the day on which the member retired or died without having retired.

Paragraph (2) applies where the interim payments amount in relation to a person is less than the pre-commencement benefits amount in relation to that person.

The administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1).

Paragraph (2) applies where the interim payments amount in relation to a person is greater than the pre-commencement benefits amount in relation to that person.

Where the person is entitled to the payment of a pension under Part 3 or 6, the amounts mentioned in paragraph (1) may be deducted from payments of the pension in such instalments as the administrators may decide.

Paragraph (1) is subject to paragraphs (3) and (4).

• For each fee period, find the total of the fees paid to P in respect of qualifying fee-paid days falling within the period.

• Multiply the total found under Step 1 for each fee period by the percentage specified in relation to that fee period in column 2 of the Contributions Table.

• Add together the amounts found under Step 2.

• For each fee period, find the total of the fees paid to P in respect of qualifying fee-paid days falling within the period.

• Multiply the total found under Step 1 for each fee period by the percentage specified in relation to that fee period in column 3 of the Contributions Table.

• Add together the amounts found under Step 2.

A qualifying fee-paid day worked in an eligible fee-paid judicial office is disregarded for the purposes of regulations 54 and 55 if P's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had P retired on the day before that day.

The reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service).

The Contributions Table is as follows.

In the entry in that table for the fee period beginning on 1st April 2015, “X%” means the percentage specified in column 2 of the table in paragraph (4), in the row relating to P's annualised fees for that period.

In the entry in that table for the fee period beginning on 1st April 2016 (“the final fee period”), Y% means the percentage specified in column 2 of the table in paragraph (5), in the row relating to P's annualised fees for that period.

The table mentioned in paragraph (2) is as follows—

The table mentioned in paragraph (3) is as follows—

A new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into.

Regulation 60 does not require P to pay a contribution in respect of a qualifying fee-paid day worked in an eligible fee-paid judicial office if P's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had P retired on the day before that day.

The reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service).

The amount of the personal benefits contribution is the amount of the fee F74(see column 1 of the table) multiplied by the percentage specified in column 2 of the table in regulation 63 for the relevant fee year, in the row relating to P's annualised fees for that year.

The amount of the dependants' benefits contribution is the amount of the fee F75(see column 1 of the table) multiplied by the percentage specified in column 3 of the same row of the same table.

The figures in column 1 of the table in regulation 63 (except for the figures of £150,001) are increased on 1st April 2021 and on 1st April of each subsequent fee year, if there is a relevant increase in the consumer prices index, by the appropriate percentage for the fee year, rounded up to the nearest £1.

There is a relevant increase in the consumer prices index for a fee year if the consumer prices index for the month of September before that fee year is higher than that for the previous September.

The appropriate percentage for the fee year is the same percentage as the percentage increase in the consumer prices index.

P's annualised fees for the relevant fee year are determined in accordance with the following formula—

F × 365 N

If the relevant fee year is a leap year, the formula in paragraph (4) has effect as if for “365” there were substituted “ 366 ”.

In F77this regulation—

On the day after that on which P retires, P becomes entitled to a payment from the appropriate Minister.

In this Part—

• “the pre-commencement dependants' contributions amount” means the amount determined under regulation 55;

• “dependants' benefits contribution” means the amount determined under regulation 62(3).

On the relevant day, P becomes entitled to a payment from the appropriate Minister.

In this regulation “the specified date” means the last day in respect of which condition B is met.

On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

In this regulation “the specified date” means the last day in respect of which condition B is met.

Membership of the JAVC scheme is open to active members of the principal scheme.

A person to whom membership of the JAVC scheme is open may become a member of the JAVC scheme by giving notice in writing to the administrators within 12 months of the commencement day (or by such later date as the administrators may agree).

A notice under paragraph (2) must include such information as the administrators may, for the purposes of carrying out functions under the JAVC scheme, require.

The administrators may only request information under paragraph (1)(b) which relates to benefits accrued other than through contributions to a judicial pension scheme.

A JAVC member (“M”) must inform the administrators by notice in writing as to the level and form of contributions that the JAVC member wishes to make.

Contributions made under paragraph (2)(a) must be made by way of a deduction from fees which M has received in M's capacity as a holder of an eligible fee-paid judicial office (“M's fees”).

M's scheme contributions in any tax year must not exceed that amount which, when aggregated with all contributions by M to any other registered pension scheme in the same tax year, bring M's total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 Act F55.

Contributions made by M in accordance with regulation 3 of the Judicial Pensions (Contributions) Regulations 2012 F56 are not to be taken into account for the purposes of calculating the total contributions in paragraph (6).

The historic contributions made by a JAVC member (“M”) must not exceed that amount which is equal to the sum of the amounts determined for each tax year during the period from 6th April 2000 to the commencement day, in accordance with the following formula—

( 15 × F I 100 ) − C

For the purposes of paragraph (1)(a), M's “annual fee income” is the total of the fees paid to M in respect of qualifying fee-paid days in the tax year concerned.

A JAVC member may, at any time before the JAVC member reaches the age of 55, make, or arrange for the making of, a payment representing the cash equivalent of the JAVC member's accrued rights in any other registered pension scheme or a qualifying recognised overseas pension scheme (the “transferring scheme”) to be invested in the JAVC scheme.

A JAVC member to whom paragraph (3) applies may also, within one year after the commencement day, make, or arrange for the making of, a payment representing the cash equivalent of the JAVC member's accrued rights in a transferring scheme on the day before the JAVC member reached the age of 55 to be invested in the JAVC scheme.

This paragraph applies to a JAVC member whose age on 6th February 2013 was more than one year under the age of 55.

A payment under paragraph (1) or (2) from a registered pension scheme may be accepted by the administrators only if the administrator of the registered pension scheme certifies that the payment is a recognised transfer as defined in section 169 of the 2004 Act F57.

The administrators must, as soon as reasonably practicable, invest any contributions made by a JAVC member under regulation 94 and any transfer payment accepted under regulation 96 with an authorised provider for the purpose of providing benefits under regulation 98.

Where the authorised provider offers more than one type of investment the JAVC member must elect that those sums be paid into particular types of investments.

The administrators are not required to give effect to an election made under paragraph (2) if it is not reasonably practicable to do so.

The investments made in respect of a JAVC member with the authorised provider may be realised and reinvested with the authorised provider at the request of the JAVC member, in such amounts, at such times, and in such manner as may be specified by the administrators with the approval of the authorised provider.

The administrators may require an authorised provider to surrender the whole or part of the value of the sums referred to in paragraph (1).

The administrators must re-invest a sum surrendered under paragraph (5) in accordance with paragraph (1).

A JAVC member is entitled to the benefits attributable to the scheme assets.

The administrators must provide only benefits authorised by or under Chapter 3 of Part 4 of the 2004 Act.

Where the JAVC member wishes, from time to time, to take benefits under this scheme the member must give notice in writing to the administrators.

Where a JAVC member dies, any lump sum payable to that JAVC member under the JAVC scheme must be paid to the person (if any) nominated by that JAVC member for the purposes of this paragraph by notice in writing to the administrators.

If no such nomination is made, the administrators must pay the amount payable to the personal representatives of the JAVC member.

A JAVC member may cease to be a member of the JAVC scheme in relation to all or part of the scheme assets at any time before those benefits are provided under regulation 98.