The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Qualifying fee-paid days and qualifying fee-paid service

4.—(1) For the purposes of these Regulations, a day (“ the relevant day”) is a “qualifying fee-paid day” worked by a member (“P”) in an eligible fee-paid judicial office, if—

(a) P received a fee, in P’s capacity as the holder of that fee-paid judicial office, in respect of the relevant day; and

(b) the following conditions are met.

(2) The conditions are—

(a) that P is not an opted-out member of the principal scheme on the relevant day;

(b) that the relevant day is on or after 7th April 2000;

(c) that P is not eligible to be a member of the pension scheme established by the Judicial Pensions Regulations 2015(1) in relation to the relevant day.

(3) In these Regulations “qualifying fee-paid service”, in relation to an eligible fee-paid judicial office held by P, means (subject to paragraph (5)) the total number of qualifying fee-paid days worked by P in that office.

(4) Where the fee paid to P in respect of a qualifying fee-paid day was not paid at the full daily rate for the fee-paid judicial office in question but at a proportion of that rate, only that proportion of the qualifying fee-paid day is to be taken into account under paragraph (4) in determining P’s qualifying fee-paid service.

(5) For the purposes of this regulation, “fee” does not include statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay.

(6) Where at any time after 1st April 2010 P takes maternity leave during P’s appointment to an eligible fee-paid judicial office P’s qualifying fee-paid service is to be increased by adding Z days in relation to each period of maternity leave taken by P after that date, where Z is determined in accordance with the following formula—

where—

(a)

W is the number of weeks of P’s maternity leave;

(b)

A is the number of qualifying fee-paid days worked by P in the twelve months ending with the day before the fifteenth week before the date notified by P to the Ministry of Justice as P’s expected date of childbirth.

(7) For the purposes of paragraph (6), “maternity leave” includes compulsory maternity leave and ordinary maternity leave as defined in section 213 of the Equality Act 2010(2).

(1)

S.I.2015/182.

(2)

2010 c.15.