The Judicial Pensions (Fee-Paid Judges) Regulations 2017

CHAPTER 2 RETIRED FPJAYS MEMBERS

Purchase of added years by retired FPJAYS members

106.—(1) A notice given under regulation 104(2) by a retired FPJAYS member (“R”) must specify—

(a) R’s assumed contribution commencement date;

(b) the date R retired; and

(c) the number of added years R would like to purchase.

(2) The maximum number of added years that R may purchase under the FPJAYS is to be determined in accordance with the formula where—

(a) A is the aggregate length of R’s reckonable service in eligible fee-paid judicial offices held by R;

(b) B is the aggregate length of R’s service in qualifying judicial office (within the meaning of Part 1 of the Judicial Pensions and Retirement Act 1993); and

(c) C is the equivalent value of any retained benefits to which R was entitled at the assumed contribution commencement date.

(3) Where the maximum number of added years would (apart from this paragraph) be negative, it is instead nil.

Contributions by retired FPJAYS members

107.—(1) The contribution to the FPJAYS for a retired FPJAYS member (“R”) must be made by lump sum payment to the administrators, within 12 months of the date on which R served notice under regulation 104(2).

(2) The total contribution to the FPJAYS which R must make is to be calculated in accordance with this regulation, subject to the limit on the level of contributions in regulation 108.

(3) Where on the date R retired, R had a spouse, civil partner or qualifying child, the contribution is to be determined in accordance with the formula—

where—

(a)

A is the relevant benefits figure (see paragraph (4));

(b)

B is the amount of reckonable service which R accrued in the period beginning with the assumed contribution commencement date and ending with the date on which R retired, calculated in accordance with regulation 5(1) as though paragraph (2) of that regulation does not apply;

(c)

C is the total of the fees paid to R in respect of qualifying fee-paid days in the period referred to in B;

(d)

D is the number of added years R would like to purchase.

(4) The relevant benefits figure is determined by taking the following steps—

Step 1

• Use the salary which would have been R’s appropriate annual salary on the assumed contribution commencement date (or if R held more than one eligible fee-paid judicial office on that date, the salary which would have been the highest appropriate annual salary) if R had retired on that date to determine which is the applicable salary group for R specified in Table 1.

Step 2

• From the part of Table 1 for R’s salary group, determine which entry in column 1 describes the period referred to in B (ignoring the heading of the column).

Step 3

• Add together the personal benefits and family benefits percentage figures corresponding to the entry in column 1 referred to in Step 2.

(5) Where R did not have a spouse, civil partner or qualifying child at any point in the period beginning with R’s assumed contribution commencement date and ending with the date R retired, the contribution is to be determined in accordance with paragraphs (3) and (4) as if Step 3 were— “Use the personal benefits figure corresponding to the entry in column 1 referred to in Step 2”.

(6) Where R did not have a spouse, civil partner or qualifying child on the date on which R retired, but did at some point in the period beginning with the assumed contribution commencement date and ending with the date R retired, the contribution due is to be determined in accordance with the formula where—

(a) E is the contribution for the period beginning with R’s assumed contribution commencement date and ending with the date on which R last had a spouse, civil partner or qualifying child, determined in accordance with paragraphs (3) and (4), as if in paragraph (3)(c), “C” refers to the total of fees paid to R in respect of qualifying fee-paid days in that period;

(b) F is the contribution for the period beginning with the day after the date R last had a spouse, civil partner or qualifying child (“the start date”) and ending with the date R retired, determined in accordance with paragraph (5) as if the period referred to in paragraph (3)(c) as applied in paragraph (5) started on the start date.

Retired FPJAYS members: maximum contributions

108.—(1) The total contributions made by a retired FPJAYS member (“R”) under regulation 107 may not exceed the amount which is equal to the sum of the amounts determined for each tax year during the period beginning with the assumed contribution commencement date and ending with the date on which R retired in accordance with the following formula—

where—

(a)

FI is R’s annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and

(b)

C is the sum of any contributions made by R to any other judicial pension scheme in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the Judicial Pensions (Contributions) Regulations 2012(1).

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

Valuation of benefits for retired FPJAYS members

109.—(1) Any pension credits in the form of added years that have been purchased by a retired FPJAYS member (“R”) are to be treated for the purposes of paragraph (2) as if they were periods of reckonable service.

(2) If the addition of the years of reckonable service mentioned in paragraph (1) would, were they to be years of reckonable service accrued other than by the purchase of pension credits, lead to the payment of additional payments under the principal scheme, then benefits of an equivalent nature to those that would have been so payable under that scheme are to be paid under the FPJAYS instead.

(3) If the reckonable service which R accrued in the period between the assumed contribution date and the date on which R retired otherwise than by the purchase of pension credits (“R’s existing reckonable service”) includes reckonable service in two or more eligible judicial offices which R held simultaneously, the pension credits purchased by R shall be divided between the eligible fee paid offices held by R in that period in the same proportion as R’s existing reckonable service.

(1)

S.I. 2012/516. Regulation 3 was substituted by S.I. 2016/30.