The Judicial Pensions (Fee-Paid Judges) Regulations 2017

[F1 CHAPTER 2 U.K. Death Benefits

Textual Amendments

F1 Pts. 2A, 2B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 12

Interpretation U.K.

11P.   In this Chapter—

“surviving adult”, in relation to a deceased member (“P”), means P’s surviving spouse or surviving civil partner;

“surviving spouse”, in relation to P, means a person who—

(i)

was married to P on the date of P’s death, and

(ii)

if P retired before death, entered into the marriage before P retired;

“surviving civil partner”, in relation to P, means a person who—

(i)

was in a civil partnership with P on the date of P’s death, and

(ii)

if P retired before death, entered into the civil partnership before P retired;

“surviving adult’s pension” means a pension payable to a surviving adult under this Chapter.

Entitlement to surviving adult’s pension U.K.

11Q.— (1) This regulation applies where a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving a surviving adult.

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

(3) For the purposes of paragraph (2) the “pension start day” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) 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.

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

Annual rate of surviving adult’s pension U.K.

11R.— (1) The annual rate of a pension to which a person becomes entitled under regulation 11Q is equal to one half of the rate of the pension of the deceased member (“P”).

(2) For the purposes of this regulation the rate of P’s pension is determined as follows.

(3) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(4) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(5) Where P dies before the amendment 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 this Part on the amendment day if P were still alive on that day.

(6) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Annual rate of surviving adult’s pension: special provision for surviving civil partners U.K.

11S.— (1) Paragraph (2) applies where—

(a) the surviving civil partner in relation to a member (“P”) becomes entitled to a pension under regulation 11Q;

(b) P held a judicial office before, and on, 5th December 2005; and

(c) P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner’s pension under regulation 11R should be calculated as if P first held a judicial office on 5th December 2005.

(2) The rate of P’s pension, for the purposes of regulation 11R, is to be determined on the basis that P first held a judicial office on 5th December 2005.

(3) In this regulation “the relevant day” means—

(a) the amendment day; or

(b) if later, the day on which the civil partnership is entered into.

(4) An election under this regulation is irrevocable.

Payment of a surviving adult’s pension U.K.

11T.   A surviving adult’s pension is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Entitlement to an eligible child’s pension U.K.

11U.— (1) This regulation applies if a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving one or more eligible children.

(2) 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.

(3) In this regulation, the “pension start day” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) 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.

Annual rate of eligible child’s pension U.K.

11V.— (1) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies without leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P’s pension;

(b) in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P’s pension.

(2) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P’s pension;

(b) in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P’s pension;

(c) in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P’s pension;

(d) in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P’s pension.

(3) 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.

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

(5) For the purposes of this regulation the “rate of P’s pension” is determined as follows.

(6) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(7) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(8) Where P dies before the amendment 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 this Part on the amendment day if P were still alive on that day.

(9) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Payment and application of an eligible child’s pension U.K.

11W.— (1) A pension to which a person is entitled under regulation 11U is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

(2) A person to whom a pension or part of a pension under regulation 11U is paid must apply the pension for the benefit of—

(a) all eligible children of the deceased member; or

(b) such eligible children of the deceased member as the Treasury may direct.

Lump sum on death: death in service U.K.

11X.— (1) Paragraph (2) applies where a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies without having retired.

(2) Unless a lump sum is payable on P’s death under any provision of—

(a) the Judicial Pensions Act 1981;

(b) the Judicial Pensions and Retirement Act 1993;

(c) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or

(d) a scheme under section 1 of the Public Service Pensions Act 2013,

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

(3) 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).

(4) Paragraph (5) applies where, on P’s death, P has reckonable service in only one eligible fee- paid judicial office which is a relevant office.

(5) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of the office if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service, expressed in years and any fraction of a year.

(6) Paragraph (7) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously.

(7) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of any relevant offices if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service expressed in years and any fraction of a year.

(8) Paragraph (9) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before death, P held two or more eligible fee-paid judicial offices simultaneously.

(9) The amount of the lump sum in respect of any relevant offices is determined by taking the following steps—

• Step 1

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

• Step 2

  Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid office and, for these purposes, in paragraph (7)(b), S is—

  (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;

  (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.

• Step 3

  Add together each of the lump sums determined under Step 1 and the lump sum determined under Step 2.

(10) Paragraph (11) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(11) For the purposes of paragraph (9)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

(12) In this regulation “the relevant person” means—

(a) the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or

(b) in default of such nomination, P’s personal representatives, on behalf of P’s estate.

Lump sum on death: death after retirement of member with preserved pension U.K.

11Y.— (1) Paragraph (2) applies if—

(a) a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member; and

(c) if P had not died P would, on reaching normal pension age for one or more relevant offices, have become entitled to a pension under regulation 11I.

(2) 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.

(3) The amount of the lump sum is twice the notional annual rate of pension determined in accordance with regulation 11J as though P had reached normal pension age for each relevant office on the day P died.

Lump sum on death: death soon after retirement of member entitled to pension U.K.

11Z.— (1) Paragraph (2) applies if—

(a) a member (“P”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each a “relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member;

(c) immediately before death, P was entitled to the payment of a pension under this Part in respect of the relevant offices; and

(d) the total benefits received are less than the minimum benefits amount.

(2) 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 in respect of the relevant offices and the minimum benefits amount.

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

where—

A is the interim amendments payments amount (if any) in relation to P in respect of the relevant offices

B is the amount (if any) payable to P where no, or an insufficient interim amendments payments amount has been made in respect of the relevant offices

C is the total of the sums paid or payable to P under this Part on account of the pension (including any increases under the Pensions (Increase) Act 1971), and by way of lump sum in respect of the relevant offices, in relation to the period after the amendment day

D is the amount (if any) payable by P where an excess interim amendments payments amount has been made in respect of the relevant offices.

(4) In this regulation—

“interim amendments payments amount” has the same meaning as in Part 3 of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023;

“the minimum benefits amount” means the amount the relevant person would have been entitled to under regulation 11X if P had died without retiring.]