The Judicial Pensions (Fee-Paid Judges) Regulations 2017

[F1 Interpretation U.K.

128A.— (1) In this Part—

“additional voluntary contributions scheme” means—

(a)

the Judicial Additional Voluntary Contributions Scheme constituted by the 1995 Regulations, and

(b)

the Fee-Paid Judicial Additional Voluntary Contribution Scheme constituted by Part 12;

“additional benefits scheme” means—

(a)

the Judicial Added Years Scheme constituted by the 1995 Regulations,

(b)

the Judicial Added Benefits Scheme constituted by the 1995 Regulations,

(c)

the FPJAYS, and

(d)

the FPJABS;

“aggregated retirement benefit” means the total amount of all benefits, excluding any attributable to the pension of a surviving adult or eligible child, and other than retained benefits, that may be paid to a retired member including the pension equivalent of any lump sum, determined by the administrators by aggregating—

(a)

any benefits under a judicial pension scheme except the schemes established by the Judicial Pensions Regulations 2015 and the Judicial Pensions Regulations 2022,

(b)

any benefits under an additional benefits scheme, and

(c)

any benefits from an additional voluntary contributions scheme;

“assumed contribution commencement date” has the meaning given in regulation 128D(1);

“assumed retirement age” has the meaning given in regulation 128D(3);

“assumed retirement date” means the date on which an unretired FPJABS member reaches the assumed retirement age;

“FPJABS member” means a member of the FPJABS;

“judicial pension scheme” means—

(a)

a scheme constituted by the County Courts Act (Northern Ireland) 1959,

(b)

a scheme constituted by the District Judges (Magistrates’ Court) Pensions Act (Northern Ireland) 1960,

(c)

a scheme constituted by the Sheriffs’ Pensions (Scotland) Act 1961,

(d)

a scheme constituted by the Judicial Pensions Act 1981,

(e)

a scheme constituted by or under the Judicial Pensions and Retirement Act 1993,

(f)

a scheme constituted by or under the Public Service Pensions Act 2013, and

(g)

a scheme constituted by or under the Public Service Pensions Act (Northern Ireland) 2014;

“lump sum benefit” means the aggregate of the lump sum benefits that may be paid to the member from the following sources—

(a)

a judicial pension scheme,

(b)

an additional benefits scheme, and

(c)

an additional voluntary contributions scheme;

“membership notice” has the meaning given in regulation 128C(2) and “the date of a member’s membership notice” means the date on which that member gave the notice to the administrators;

“PRS” has the meaning given in regulation 128B;

“retained benefits” are benefits determined by the administrators as satisfying the definition of that expression in regulation 2.3 of the 1995 Regulations on the assumed contribution commencement date for the FPJABS member as those Regulations had effect on that date;

“retired FPJABS member” means an FPJABS member who retired and who was not at the time of retirement an opted-out member of the principal scheme;

“together with interest” means with compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme;

“unretired FPJABS member” means an FPJABS member who is continuing to hold judicial office and has not opted out of the principal scheme.

(2) In relation to fee-paid days between 1st April 2015 and 31st March 2022, regulation 4 applies for the purposes of this Part as if paragraph (2)(c) were omitted.

(3) References to reckonable service and to qualifying fee-paid days in this Part are to be read as including a reference to fee-paid days in judicial office after 31st March 2022 as if the principal scheme had not been closed to accruals.

(4) Any reference to added units of benefit in this Part includes a reference to parts of added units of benefit.

(5) Any decimal fraction required for the purposes of this Part is to be calculated to four decimal places.]

Textual Amendments

F1 Pts. 14A, 14B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), reg. 1(1), Sch.