The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Interpretation U.K.

2.—(1) In these Regulations—

“the 1995 Regulations” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 F1 ;

“the 2017 schemes” means the principal scheme, the JAVC scheme, the FPJAYS and the JASAPS;

“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;

“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;

“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 F2 ;

“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 F3 ;

“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;

“normal pension age” means (except in Part 11) age 65, or the age of a member on the date on which that member has completed in aggregate at least 5 years' qualifying judicial service if that date is later than the date on which the member attains the age of 65;

“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 F4 ;

“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 F5 ;

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

“surviving adult” has the meaning given by regulation 35(a);

“surviving adult's pension” has the meaning given by regulation 35(d);

“surviving civil partner” has the meaning given by regulation 35(c);

“surviving spouse” has the meaning given by regulation 35(b);

“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 F6 .

(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 S.I. 1995/639.

F2 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).

F3 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).

F4 Subsection (3A) was inserted, with subsections (3B) to (3E), by S.I. 2006/497.

F5 2004 c. 12.

F6 2007 c. 3.