PART 4PARTIAL RETIREMENT
Option to take partial retirement in relation to a fee-paid judicial office27
1
Paragraph (2) applies where a member (“P”) at any time on or after the commencement day ceases to hold an eligible fee-paid judicial office (“the relevant office”) and—
a
P has reckonable service in relation to the relevant office;
b
either—
i
at the time P ceases to hold the relevant office, P holds one or more other eligible fee-paid judicial offices, or
ii
after P ceases to hold the relevant office, P is appointed to another judicial office; and
c
at the time P ceases to hold the relevant office, P has at least 2 years' qualifying judicial service.
2
P may take partial retirement in relation to the relevant office by giving notice in writing to the appropriate Minister.
3
The notice—
a
must be in the form determined by the appropriate Minister, and
b
must be received by the appropriate Minister within the period of 6 months beginning with the day on which P ceases to hold the relevant office.
4
A notice under this regulation has effect on the day on which it is received by the appropriate Minister, and is irrevocable.
5
For the purposes of this regulation, P is not treated as ceasing to hold a judicial office if—
a
P's appointment to a judicial office in one chamber of the First-tier Tribunal changes to a judicial office in another chamber of that Tribunal, or
b
P's appointment to a judicial office in one chamber of the Upper Tribunal changes to a judicial office in another chamber of that Tribunal.
Effect of partial retirement28
1
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.
2
In this regulation “the relevant provisions” means—
a
Part 3 (retirement benefits) apart from regulation 26 (multiple retirements), and
b
Part 6 (death benefits).
3
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.
4
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).
5
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.