The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Partial repayment of dependants’ benefits contributions on partial retirement

68.—(1) This regulation applies where—

(a) a member (“P”) takes partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”), and

(b) conditions A and B are met.

(2) On the day after that on which P takes partial retirement, P becomes entitled to a payment from the appropriate Minister.

(3) The amount of the payment under paragraph (2) is the sum of—

(a) the amount previously paid by P under Part 8 which consists of so much of the pre-commencement dependants’ contributions amount as is attributable to qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date; and

(b) the total of the contributions previously paid by P under Part 9 to the extent that they consist of dependants’ benefits contributions and were paid on fees in respect of qualifying fee-paid days that—

(i) were worked in the relevant office; and

(ii) fell after the specified date.

(4) Condition A is that, in the day on which P takes partial retirement in relation to the relevant office—

(a) P is not married and is not in a civil partnership; and

(b) P does not have a qualifying child.

(5) Condition B is that, on any day during the period beginning with the day on which P first held the relevant office and ending with the day on which P takes partial retirement—

(a) P was married or was in a civil partnership, or

(b) P had a qualifying child.

(6) In this regulation “the specified date” means the last day in respect of which condition B is met.