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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

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PART 3U.K.RETIREMENT BENEFITS[F1: Post-1995 Provisions]

Textual Amendments

Modifications etc. (not altering text)

C1Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)

[F2Application and interpretation of Part 3U.K.

11Z1.—(1) This Part applies to the calculation of benefits for a member (“P”) in respect of one or more eligible fee-paid judicial offices where in accordance with regulation 11A, those benefits are to be calculated under the post-1995 provisions.

(2) In this Part, each of the offices described in paragraph (1) is referred to as a “relevant office”.]

Textual Amendments

Retirement aged 65 or over: entitlement to ordinary pension U.K.

12.—(1) This regulation applies [F3in respect of one or more relevant offices] where—

(a)[F4P] retires (whether before, on or after the commencement day); and

(b)on the day on which P retires, P—

(i)has reached the age of 65;

(ii)has at least 5 years' qualifying judicial service, and

(iii)has accrued reckonable service in relation to [F5the relevant] office.

(2) On [F6a pension start] day, P becomes entitled to the payment for life of a pension.

[F7(3) In this regulation “pension start day” means—

(a)in respect of pension payable in respect of qualifying fee-paid service on or after 7 April 2000—

(i)the day after that on which P retires, or

(ii)if later, the commencement day;

(b)in respect of pension payable in respect of qualifying fee-paid service before 7 April 2000—

(i)the day after that on which P retires, or

(ii)if later, the amendment day.]

Textual Amendments

Annual rate of ordinary pensionU.K.

13.—(1) The annual rate of a pension to which [F8P] becomes entitled under regulation 12 is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office [F9which is a relevant office].

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

where—

a

R is P's reckonable service in the relevant office;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(4) Paragraph (5) applies where—

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

(b)P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate [F10for any relevant offices] is determined in accordance with the following formula—

where—

a

AR is the aggregate length of P's reckonable service in [F11relevant] offices;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(6) Paragraph (7) applies where—

(a)on retirement, P has reckonable service in more than one eligible fee-paid judicial office F12...; and

(b)at any time before retirement, P held two or more [F13eligible fee-paid judicial] offices simultaneously.

(7) The annual rate [F14for any relevant offices] is determined by taking the following steps—

Step 1

  • Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously [F15with another eligible fee-paid judicial office], as if—

    (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

    (ii)

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

Step 2

  • Determine the annual rate under paragraph (5) [F16for any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office], and for these purposes, in paragraph (5), S is—

    (i)

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

    (ii)

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

Step 3

  • Add together each of the rates found under Step 1 and the rate found under Step 2.

(8) Paragraph (9) applies where—

(a)during one or more parts of the period for which P held [F17a 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.

(9) For the purposes of paragraph (7)—

(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 (8)(a), and accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii)the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly is taken into consideration in Step 2 in paragraph (7), 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.

Textual Amendments

Retirement between the ages of 60 and 65: entitlement to reduced pensionU.K.

14.—(1) This regulation applies where—

(a)[F18P] retires (whether before, on or after the commencement day); and

(b)on the day on which P retires, P—

(i)has reached the age of 60 but not the age of 65, and

(ii)has at least 5 years' qualifying judicial service.

(2) On the pension start day, P becomes entitled to the payment for life of a pension [F19in respect of any relevant offices].

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

(a)the day after that on which P retires; or

(b)if later, the commencement day.

Textual Amendments

Retirement under age of 60 on removal from judicial office: entitlement to reduced pensionU.K.

15.—(1) This regulation applies where—

(a)[F20P] retires (whether before, on or after the commencement day) by virtue of having been removed from all judicial offices held by P;

(b)on the day on which P retires, P has not reached the age of 60; and

(c)the appropriate Minister recommends to the administrators that P's accrued rights under the principal scheme be given immediate effect.

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

(3) If P elects in writing to the administrators within 3 months of receiving the notice that P wishes to receive benefits under this regulation—

(a)P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension [F21in respect of any relevant offices]; and

(b)P also becomes entitled, on that day, to the amount P would have been entitled to if P had been entitled under this regulation to the payment of a pension [F22in respect of any relevant offices] in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

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

(a)the day after that on which P retires; or

(b)if later, the commencement day.

Textual Amendments

Annual rate of reduced pensionU.K.

16.—(1) The annual rate of a pension to which [F23P] becomes entitled under regulation 14 or 15 is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office [F24which is a relevant office].

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

[F25]

where—

a

R is P's reckonable service in the relevant office;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement;

c

A is the actuarial reduction factor set out in the Table corresponding to P's age on P's birthday preceding the retirement day;

d

B is the number of days in the period beginning with P's birthday preceding the retirement day and ending with the retirement day;

e

C is the actuarial reduction factor set out in the Table appropriate to P's age on P's birthday following the retirement day.

(4) Paragraph (5) applies where—

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

(b)P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate [F26for any relevant offices] is determined in accordance with the following formula—

where—

a

AR is the aggregate length of P's reckonable service in [F27relevant] offices;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement;

c

A is the actuarial reduction factor set out in the Table corresponding to P's age on P's birthday preceding the retirement day;

d

B is the number of days in the period beginning with P's birthday preceding the retirement day and ending with the retirement day;

e

C is the actuarial reduction factor set out in the Table appropriate to P's age on P's birthday following the retirement day.

(6) Paragraph (7) applies where—

(a)on retirement P has reckonable service in more than one eligible fee-paid judicial office F28...; and

(b)at any time before retirement, P held two or more [F29eligible fee-paid judicial] offices simultaneously.

(7) The annual rate [F30for any relevant offices] is determined by taking the following steps:

Step 1

  • Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously [F31with another eligible fee-paid judicial office], as if—

    (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

    (ii)

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

Step 2

  • Determine the annual rate under paragraph (5), in relation to those relevant offices which P did not hold simultaneously with another [F32eligible fee-paid] judicial office, and for these purposes, in paragraph (5) S is—

    (i)

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

    (ii)

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

Step 3

  • Add together each of the rates found under Step 1 and the rate found under Step 2.

(8) In this regulation—

(a)“the retirement day” means the day on which P retires;

(b)“the Table” means the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 F33, as it has effect on the retirement day.

(9) Paragraph (10) applies where—

(a)during one or more parts of the period for which P held [F34a 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.

(10) For the purposes of paragraph (7)—

(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 (9)(a), and accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii)the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (9)(b) and, accordingly is taken into consideration in Step 2 in paragraph (7), 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.

Textual Amendments

F33S.I. 1995/632. The Table in the Schedule to these Regulations was substituted by S.I. 2015/533.

Retirement under the normal pension age: entitlement to preserved pensionU.K.

17.—(1) This regulation applies where—

(a)[F35P] retires (whether before, on or after the commencement day);

(b)if P retires by virtue of having been removed from all judicial offices held by P—

(i)the appropriate Minister makes a recommendation under regulation 15(1)(c), and

(ii)P does not make an election under regulation 15(3); and

(c)on the day on which P retires, P—

(i)has not reached normal pension age [F36for one or more relevant offices],

(ii)has at least 2 years' qualifying judicial service; and

(iii)is not entitled to a pension under regulation 14.

(2) On the pension start day, P becomes entitled to the payment for life of a pension [F37in respect of the relevant offices].

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

(a)the day on which P—

(i)reaches the age of 65, or

(ii)(if later) would have completed five years' qualifying judicial service, if P had continued to hold a judicial office; or

(b)if later, the commencement day.

Textual Amendments

Modifications etc. (not altering text)

Annual rate of preserved pensionU.K.

18.—(1) The annual rate of a pension to which [F38P] is entitled under regulation 17 is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a)P has reckonable service in one or more eligible fee-paid judicial offices, and

(b)P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(3) The annual rate [F39for any relevant office] is determined in accordance with the following formula—

where—

a

R is the maximum amount of reckonable service which P would be able to accrue [F40in the relevant offices] if P continued [F41to hold those offices] until the date on which P reaches normal pension age, assuming that P would have accrued reckonable service each year until that date equal to—

where—

i

N is the reckonable service which P accrued [F42in the relevant offices] before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply;

ii

Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met;

b

S is the appropriate annual salary of the judicial office held by P immediately before retirement;

c

Z has the meaning given in sub-paragraph (a)(ii);

d

Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age.

(4) Paragraph (5) applies where—

(a)on retirement P has reckonable service in more than one eligible fee-paid judicial office F43..., and

(b)at any time before retirement, P held two or more [F44eligible fee-paid judicial] offices simultaneously.

[F45(5) The annual rate for any relevant office is determined by taking the following steps—

  • Step 1

    Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

    (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

    (ii)

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

  • Step 2

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

    (i)

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

    (ii)

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

  • Step 3

    Add together the rate determined under Step 1 and each of the rates determined under Step 2.]

(6) Paragraph (7) applies where—

(a)during one or more parts of the period for which P held [F46a 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.

(7) For the purposes of paragraph (5)—

(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 (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii)the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); 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.

Textual Amendments

Retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pensionU.K.

19.—(1) This regulation applies where—

(a)[F47P has accrued reckonable service in relation to one or more relevant offices and] retires (whether before, on or after the commencement day);

(b)on the day on which P retires, P—

(i)has reached the age of 65; and

(ii)has less than 5 years' qualifying judicial service; and

(c)the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension [F48in respect of the relevant offices].

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

(a)the day after that on which P retires, or

(b)if later, the commencement day.

Textual Amendments

Annual rate of ill-health ordinary pensionU.K.

20.  Regulation 13 applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 19 as it applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 12.

Retirement under 65 due to ill-health: entitlement to ill-health enhanced pensionU.K.

21.—(1) This regulation applies where—

(a)[F49P has accrued reckonable service in relation to one or more relevant offices and] retires (whether before, on or after the commencement day);

(b)on the day on which P retires, P has not reached the age of 65; and

(c)the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension [F50in respect of the relevant offices].

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

(a)the day after that on which P retires, or

(b)if later, the commencement day.

(4) Where, apart from this paragraph, P would be entitled to—

(a)a pension under this regulation, and

(b)a pension under—

(i)regulation 14 (retirement between the ages of 60 and 65: entitlement to reduced pension),

(ii)regulation 15 (retirement under the age of 60 due to removal from judicial office: entitlement to reduced pension), or

(iii)regulation 17 (retirement under the normal pension age: entitlement to preserved pension),

P is not entitled to any pension mentioned in sub-paragraph (b).

Textual Amendments

Annual rate of ill-health enhanced pensionU.K.

22.—(1) The annual rate of a pension to which [F51P] becomes entitled under regulation 21 is determined in accordance with the following steps.

Step 1

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

Step 2

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

Step 3

Add together the rate determined under Step 1, and the rate determined under Step 2.

(2) Subject to paragraph (3), the annual rate of the enhancement is determined in accordance with the following formula—

where—

a

E is the smaller of—

(i)

the service enhancement (see paragraph (4)), and

(ii)

the amount determined in accordance with the formula

b

AR is the aggregate length of P's reckonable service in eligible fee-paid judicial offices (including any eligible fee-paid judicial office in respect of which P has taken partial retirement);

c

Z is —

(i)

where P is not entitled to a pension under Part 1 of the Judicial Pensions and Retirement Act 1993 on the date P retires, nil;

(ii)

otherwise, the smaller of—

(aa)

the aggregate length of P's service in qualifying judicial office (within the meaning of that Part of that Act), and

(bb)

20;

d

S is—

(i)

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

(ii)

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

(3) Where the judicial office (or one of the judicial offices) held by P immediately before retirement was an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 F52, the annual rate of the enhancement determined under Step 2 is to be nil.

(4) The service enhancement is determined in accordance with the following formula—

where—

a

F is the period, expressed in years and any fraction of a year, which is one half of the period—

(i)

beginning with the day after that on which P retires, and

(ii)

ending with the day on which P would reach normal pension age;

b

X is the aggregate length of P's reckonable service in [F53relevant] offices (including any eligible [F53relevant] offices in respect of which P has taken partial retirement) determined in accordance with the formula in regulation 5(1) as though regulation 5(2) does not apply;

c

Y is the period, or the aggregate of the periods, expressed in years and any fraction of a year, during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met.

Textual Amendments

Ill-health certification conditionU.K.

23.—(1) The ill-health certification condition is met in relation to [F54P] if the appropriate Minister—

(a)has received a medical certificate—

(i)stating that P has suffered a permanent breakdown in health that makes P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement; or

(ii)(where P retired due to ill-health before the commencement day [F55or, as applicable, before the amendment day]), stating that at the date on which P had retired, P had suffered a permanent breakdown in health that made P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement;

(b)is satisfied as to the matters contained in that certificate; and

(c)has, where the appropriate Minister is the Lord Chancellor, consulted—

(i)the Lord Chief Justice of England and Wales (if P held a judicial office in England and Wales);

(ii)the Lord Chief Justice of Northern Ireland (if P held a judicial office in Northern Ireland).

(2) For the purposes of this regulation P's breakdown in health is “permanent” if it is likely to continue until—

(a)the day on which P reaches the age of 65; or

(b)if later, the day on which, if P had not retired, P would have completed 5 years' qualifying judicial service.

(3) 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 F56) to exercise any of his or her functions under this regulation.

(4) The Lord Chief Justice of Northern Ireland may nominate—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 F57, or

(b)a Lord Justice of Appeal (as defined in section 88 of that Act F58),

to exercise any of his or her functions under this regulation.

Textual Amendments

F562005 c.4. Section 109 was amended by paragraph 63 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

F572002 c.26. Schedule 1 was amended by paragraph 122 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 35 of Schedule 4 to the Northern Ireland Act 2009 (c.3); Part 1 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007; S.I. 2005/1117; S.I. 2009/56; S.R. 2006/469.

F58Section 88 was amended by paragraph 14(3) of the Schedule to the Department of Justice Act (Northern Ireland) 2010 (c.3) and paragraph 2 of Schedule 6 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c.4 (N.I.).

Times at which pension under this Part is payableU.K.

24.  A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Lump sum: entitlement and amountU.K.

25.—(1) This regulation applies where [F59P] retires on or after the commencement day, and becomes entitled to the payment of a pension under this Part.

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

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

where A is the annual rate of the pension payable to P under this Part.

Textual Amendments

Multiple retirementsU.K.

26.—(1) This regulation applies where [F60P] retires and subsequently resumes judicial office.

(2) 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.

(3) 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.

(4) On P's retirement after resuming judicial office—

(a)P's entitlement (and that of any other person) to any payment under the principal scheme; and

(b)the rate or amount of any such payment,

are (subject to paragraph (5)) to be determined as if no amounts had previously been paid under the principal scheme as a result of the retirement mentioned in paragraph (1).

(5) 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.

Textual Amendments

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