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The Judicial Pensions (Fee-Paid Judges) Regulations 2017

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Changes over time for: Section 2

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There are currently no known outstanding effects for the The Judicial Pensions (Fee-Paid Judges) Regulations 2017, Section 2. Help about Changes to Legislation

InterpretationU.K.

This section has no associated Explanatory Memorandum

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, [F160.00 where the relevant office is that of Judge of the Consumer Credit Appeal Tribunal or Judge of the Estate Agents Appeal Tribunal,] 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;]

F17...

F17...

F17...

F17...

“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 F18.

(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

F92004 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).

F10The 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).

F12Subsection (3A) was inserted, with subsections (3B) to (3E), by S.I. 2006/497.

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