C1PART 3RETIREMENT BENEFITS

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Annual rate of ill-health enhanced pension22

1

The annual rate of a pension to which a member (“P”) becomes entitled under regulation 21 is determined in accordance with the following steps.

Step 1

Determine the annual rate of the pension to which P is entitled under regulation 13.

Step 2

Determine the annual rate of the enhancement (see paragraph (2)).

Step 3

Add together the rate determined under Step 1, and the rate determined under Step 2.

2

Subject to paragraph (3), the annual rate of the enhancement is determined in accordance with the following formula—

E 40 × Smath

where—

  1. a

    E is the smaller of—

    1. i

      the service enhancement (see paragraph (4)), and

    2. ii

      the amount determined in accordance with the formula

  2. b

    AR is the aggregate length of P's reckonable service in eligible fee-paid judicial offices (including any eligible fee-paid judicial office in respect of which P has taken partial retirement);

  3. c

    Z is —

    1. i

      where P is not entitled to a pension under Part 1 of the Judicial Pensions and Retirement Act 1993 on the date P retires, nil;

    2. ii

      otherwise, the smaller of—

      1. aa

        the aggregate length of P's service in qualifying judicial office (within the meaning of that Part of that Act), and

      2. bb

        20;

  4. d

    S is—

    1. i

      where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

    2. ii

      where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

3

Where the judicial office (or one of the judicial offices) held by P immediately before retirement was an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 F1, the annual rate of the enhancement determined under Step 2 is to be nil.

4

The service enhancement is determined in accordance with the following formula—

F × X Ymath

where—

  1. a

    F is the period, expressed in years and any fraction of a year, which is one half of the period—

    1. i

      beginning with the day after that on which P retires, and

    2. ii

      ending with the day on which P would reach normal pension age;

  2. b

    X is the aggregate length of P's reckonable service in eligible fee-paid judicial offices (including any eligible fee-paid judicial offices in respect of which P has taken partial retirement) determined in accordance with the formula in regulation 5(1) as though regulation 5(2) does not apply;

  3. c

    Y is the period, or the aggregate of the periods, expressed in years and any fraction of a year, during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met.