C1PART 3RETIREMENT BENEFITS
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—
where—
- a
E is the smaller of—
- i
the service enhancement (see paragraph (4)), and
- ii
the amount determined in accordance with the formula
- i
- 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);
- c
Z is —
- 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;
- ii
otherwise, the smaller of—
- aa
the aggregate length of P's service in qualifying judicial office (within the meaning of that Part of that Act), and
- bb
20;
- aa
- i
- d
S is—
- i
where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;
- ii
where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.
- i
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—
where—
- a
F is the period, expressed in years and any fraction of a year, which is one half of the period—
- i
beginning with the day after that on which P retires, and
- ii
ending with the day on which P would reach normal pension age;
- i
- 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;
- 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.
Pts. 1-11 restricted (10.3.2022 for specified purposes) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)