[F1PART 2AU.K.Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions

Conditions for retirement benefits and death benefits to be calculated under Part 2BU.K.

11B.(1) Retirement benefits, death benefits and associated contributions for P in relation to an eligible fee-paid judicial office which is listed in Table 1, 2 or 3 of Schedule 1 (the “relevant office”) are to be calculated under the pre-1995 provisions where P first held the relevant office before 31st March 1995, and also held judicial office on or after 31st March 1995, but P did not have a new appointment on or after 31st March 1995.

(2) P has a “new appointment” in relation to a relevant office upon appointment to another judicial office in place of that relevant office or, if after ceasing to hold the relevant office, P is appointed to another judicial office and in either case that other office is—

(a)a salaried office; or

(b)an eligible fee-paid judicial office with a different pre-1995 judicial pension scheme.

(3) For the purposes of paragraph (2)(b), an eligible fee-paid office has a different pre-1995 judicial pension scheme to the pre-1995 judicial pension scheme of another eligible fee-paid judicial office if it is specified in a different table in Schedule 1 and is not specified in Table 4 in that Schedule.

(4) This regulation is subject to any election under regulation 11C made by P in relation to the relevant office.]