The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Interpretation U.K.

2.—(1) In these Regulations—

[F1 “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;]

“the 1995 Regulations” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 F2 ;

[F3 “the 2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;]

“the 2017 schemes” means the principal scheme, the JAVC scheme, the FPJAYS[F4 , the JASAPS and the FPJABS];

[F5 “the FPJABS” means the Fee-Paid Judicial Added Benefits Scheme constituted by Part 14A;]

“the JAVC scheme” has the meaning given by regulation 90;

“the FPJAYS” means the Fee-Paid Judicial Added Years Scheme constituted by Part 13;

“the JASAPS” means the Fee-Paid Judicial Added Surviving Adult's Pension Scheme constituted by Part 14;

[F6 “JUPRA service” means service in a qualifying judicial office as defined in section 1(6) of the Judicial Pensions and Retirement Act 1993;]

[F6 “the post-1995 provisions” means the provisions for the calculation of benefits contained in Parts 3 and 6;]

[F7 “a 2015 scheme election” has the meaning given in section 44 of PSPJOA 2022;]

[F6 “the pre-1995 provisions” means the provisions for the calculation of benefits contained in Part 2B;]

“active member” has the meaning given by regulation 9;

“the administrators” means the administrators entrusted with the administration of the scheme constituted by Part 1 of the Judicial Pensions and Retirement Act 1993;

[F8 “the amendment day” means 1st April 2023;]

“appropriate annual salary” has the meaning given by regulation 7;

“benefits” means any pension or lump sum payable under the principal scheme except where the context otherwise requires;

“benefit crystallisation event” has the meaning given by section 216 of the Finance Act 2004 F9 ;

“the commencement day” means the date on which these Regulations come into force;

“eligible child” has the meaning given by regulation 40;

“eligible fee-paid judicial office” has the meaning given by regulation 3(2);

“fee-paid judicial office” has the meaning given by regulation 3(1);

“guaranteed minimum pension” has the meaning given in paragraph 1(1) of Schedule 2 to the Judicial Pensions and Retirement Act 1993 F10 ;

“the ill-health certification condition” has the meaning given by regulation 23;

“the interim payments amount” has the meaning given by regulation 49;

“judicial office” has the meaning given by regulation 3(1);

“lifetime allowance charge” has the meaning given by section 214 of the Finance Act 2004;

“member” means a person who is a member of the principal scheme under regulation 8;

[F11 “normal pension age” means (except in Part 11)—

(a)

for an office in relation to which pension benefits are calculated under the pre-1995 provisions—

(i)

for an office listed in Table 1 in Schedule 1, age 70 or the age at which the person has completed 15 years of qualifying judicial service, whichever is earlier,

(ii)

for an office listed in Table 2 or Table 3 in Schedule 1, apart from those offices listed in sub-paragraph (iii) of this definition, age 65 or the age at which the person has completed 2 years of qualifying judicial service, whichever is later,

(iii)

for the offices of Deputy Circuit Judge, Recorder, Assistant Recorder, Employment Tribunal Chairman and Temporary Judge of the Employment Tribunal (when a legal qualification is a requirement of appointment), age 65, or

(b)

for an office in relation to which pension benefits are calculated under the post-1995 provisions, age 65, or the age at which the person has completed 5 years of qualifying judicial service, whichever is later;]

“opted-out member” has the meaning given by regulation 9;

“partial retirement” has the meaning given by regulation 3(4);

“permitted maximum” has the meaning given in section 3(3A) of the Judicial Pensions and Retirement Act 1993 F12 ;

“the principal scheme” means the scheme constituted by Parts 1 to 11 of these Regulations;

“qualifying child” in relation to a member means a child who would be an eligible child if the member were dead;

“qualifying fee-paid day” has the meaning given by regulation 4;

“qualifying fee-paid service” has the meaning given by regulation 4;

“qualifying judicial service” has the meaning given by regulation 6;

“reckonable service” has the meaning given by regulation 5;

“registered pension scheme” means a pension scheme that is a registered pension scheme under Chapter 2 of Part 4 of the Finance Act 2004 F13 ;

[F14 “remediable service” has the meaning given in section 39 of PSPJOA 2022;]

“retires” has the meaning given by regulation 3(3) and cognate expressions are to be construed accordingly;

[F15 “service credit day” has the meaning given in regulation 4(3A);]

[F15 “service credit day multiplier” means 0.67 where the relevant office is that of Deputy Adjudicator HM Land Registry, and otherwise—

(a)

0.5 where the member’s appointment to a relevant office is before 1 October 2002, and

(b)

0.53 where the member’s appointment to a relevant office is on or after 1 October 2002;]

[F15 “service limitation date” in relation to an office means a date specified in Schedule 1 in relation to that office after which service may count as qualifying fee-paid service;]

F16 ...

F16 ...

F16 ...

F16 ...

“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 F17 .

(2) Where a calculation performed under these Regulations—

(a) results in an amount containing a fraction of £1, the amount is to be rounded up to the next whole £1,

(b) results in a period containing a fraction of a year, the period is to be given to four decimal places.

Textual Amendments

F1 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(a)

F2 S.I. 1995/639.

F3 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(b)

F4 Words in reg. 2(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(a)

F5 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(b)

F6 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(c)

F7 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(c)

F8 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(d)

F9 2004 c.12. Section 216 was amended by paragraphs 31 and 42 of Schedule 10 to the Finance Act 2005 (c.7); paragraph 30 of Schedule 23 to the Finance Act 2006 (c.25); paragraphs 1, 4 and 5 of Schedule 29 to the Finance Act 2008 (c.9); paragraphs 62 and 73 of Schedule 16 to the Finance Act 2011 (c.11); paragraph 16 of Schedule 1 and paragraph 21 of Schedule 2 to the Taxation of Pensions Act 2014 (c.30); paragraph 4 of Schedule 4 to the Finance Act 2015 (c.11).

F10 The definition of “guaranteed minimum pension” in Schedule 2 to the Judicial Pensions and Retirement Act 1993 was amended by paragraph 46 of Schedule 8 to the Pension Schemes Act 1993 (c.48), and paragraph 43 to Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c.49).

F11 Words in reg. 2(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(e)

F12 Subsection (3A) was inserted, with subsections (3B) to (3E), by S.I. 2006/497.

F13 2004 c. 12.

F14 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(d)

F15 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(f)

F16 Words in reg. 2(1) omitted (1.4.2023) by virtue of The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(g)

F17 2007 c. 3.