PART 8U.K.CONTRIBUTIONS IN RESPECT OF PRE-COMMENCEMENT SERVICE

Modifications etc. (not altering text)

C2Pts. 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)

InterpretationU.K.

52.  In this Part—

“fee period” means a period specified in column 1 of [F1Table 1 of the Contributions Tables];

[F2“the initial pre-commencement dependants’ contributions amount” means the amount payable in accordance with this Part for the period before 7th April 2000;]

“the pre-commencement contributions amount” has the meaning given by regulation 53(1);

“P” means a member who is not an opted-out member;

[F3“the Contributions Tables” means Tables 1 to 10 in Schedule 3.]

Textual Amendments

Liability to pay pre-commencement contributions amountU.K.

53.—(1) P must pay to the appropriate Minister an amount (“the pre-commencement contributions amount”), being the sum of—

(a)the pre-commencement personal contributions amount (see regulation 54), and

(b)the pre-commencement dependants' contributions amount (see regulation 55).

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

(3) P is not required to pay the pre-commencement contributions amount if P—

(a)retired before the commencement day, and

(b)had on retirement less than two years qualifying judicial service.

(4) P is not required to pay so much of the pre-commencement contributions amount as is represented by the amount mentioned in paragraph (1)(b) if P—

(a)retired before the commencement day,

(b)was not married or in a civil partnership at any time during the period—

(i)beginning with the day on which P first held an eligible fee-paid judicial office, and

(ii)ending with the day on which P retired; and

(c)did not have a qualifying child at any time during that period.

[F4Liability to pay initial pre-commencement contributions amountU.K.

53A.—(1) P must pay to the appropriate Minister the initial pre-commencement contributions amount being the sum of—

(a)the initial pre-commencement personal contributions amount in respect of service credit days (see regulation 54A); and

(b)the initial pre-commencement dependants’ contributions amount (see regulation 55A).

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

(3) P is not required to pay the initial pre-commencement contributions amount if P had on retirement less than two years qualifying judicial service.

(4) P is not required to pay the initial pre-commencement dependants’ contributions amount if P—

(a)retired before 31st March 2023,

(b)was not married or in a civil partnership at any time during the period—

(i)beginning with the day on which P first held an eligible fee-paid judicial office and

(ii)ending with the day on which P retired; and

(c)did not have a qualifying child at any time during that period.]

Textual Amendments

Calculation of pre-commencement personal contributions amountU.K.

54.  The pre-commencement personal contributions amount in relation to P is determined as follows—

Step 1

Step 2

Step 3

Textual Amendments

[F6Calculation of initial pre-commencement personal contributions amount: service credit daysU.K.

54A.  The initial pre-commencement personal contributions amount in respect of service credit days is determined as follows—

Textual Amendments

[F7Calculation of pre-commencement dependants’ contributions amountsU.K.

55.—(1) The pre-commencement dependants’ contribution amount for each eligible fee-paid judicial office held by P is determined under paragraph (2) or (3) as applicable.

(2) For an office specified in Table 1 or 2 of Schedule 1—

(3) For offices specified in Table 3 or 4 of Schedule 1—

Textual Amendments

[F8Calculation of initial pre-commencement dependants’ contributions amountU.K.

55A.—(1) The initial pre-commencement dependants’ contributions amount in relation to each eligible office held by P is determined under paragraph (2) or (3) as applicable.

(2) For an office specified in Table 1 or Table 2 of Schedule 1—

(3) For offices specified in Table 3 or Table 4 of Schedule 1—

Textual Amendments

Qualifying fee-paid days disregarded if they do not add to reckonable serviceU.K.

56.—(1) A qualifying fee-paid day worked in an eligible fee-paid judicial office is disregarded for the purposes of [F9regulations 54, 54A, 55 and 55A] 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.

(2) 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).

Textual Amendments

The Contributions TableU.K.

F1057.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Payment of pre-commencement contributions amountU.K.

58.—(1) The pre-commencement contributions amount, or any part of it, may be paid—

(a)by way of a lump sum at any time during the period of 6 months beginning with the commencement day;

(b)by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister,

and for the purposes of paragraph (b), a “fee-paid” day means a day in respect of which P receives a fee in P's capacity as a holder of an eligible fee-paid judicial office.

(2) The deductions specified under paragraph (1)(b)—

(a)must be of fixed monetary amounts, and

(b)must be the same for each fee.

(3) 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.

(4) Except to the extent that the pre-commencement contributions amount has already been paid under paragraph (1), it is to be paid by way of a deduction from—

(a)the lump sum payable to P under Part 3, or

(b)where P dies before retiring, the lump sum payable in respect of P under Part 6.

Modifications etc. (not altering text)

[F11Payment of initial pre-commencement contributionsU.K.

58A.—(1) Contributions payable under regulations 53A, 54A or 55A may be paid—

(a)by way of a lump sum at any time during the period of 6 months beginning with 1st April 2023;

(b)by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister.

(2) For the purposes of paragraph (1)(b), a “fee-paid day” means a day in respect of which P receives a fee in P’s capacity as a holder of an eligible fee-paid judicial office.

(3) The deductions specified under paragraph (1)(b)—

(a)must be of fixed monetary amounts; and

(b)must be the same for each fee.

(4) 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.

(5) Regulation 65 applies as if the references to pre-commencement dependants’ contributions included any contributions paid under regulations 54A and 55A.

(6) Except to the extent that contributions payable under regulations 53A, 54A or 55A have already been paid under paragraph (1), they are to be paid by way of deduction from—

(a)any lump sum payable to P under regulation 11N or Part 3; or

(b)where P dies before retiring, any lump sum payable for death in service in respect of P under regulations 11X or 45, or under regulation 102 of the Judicial Pensions Regulations 2022.]

Textual Amendments