The Judicial Pensions (Fee-Paid Judges) Regulations 2017 No. 522

PART 1 PRELIMINARY

Appropriate annual salary

7.—(1) References in these Regulations to “the appropriate annual salary” of a judicial office (“the relevant judicial office”) held by a member (“ P”), are to be construed in accordance with paragraphs (2) and (3).

(2) Where the relevant judicial office is a fee-paid judicial office, the references are to the amount determined in accordance with the following formula—

where—

(a)

F is the higher of—

(i)

the highest daily fee payable to a holder of that office within the period of 3 years ending with—

(aa)

where P takes partial retirement in relation to the relevant judicial office, the day on which P takes partial retirement,

(bb)

otherwise, the day on which P retires, or

(ii)

the daily fee in relation to the period referred to in paragraph (i) which has been determined by an employment tribunal or accepted by the appropriate Minister to be payable to a holder of that office; and

(b)

N is the annual divisor for that office specified in column 2 of the Schedule.

(3) Where the relevant judicial office is a salaried judicial office, the references are to the highest salary payable to P in respect of any continuous period of 12 months falling within the period of 3 years ending with—

(a) where P takes partial retirement in relation to the relevant judicial office, the day on which P takes partial retirement,

(b) otherwise, the day on which P retires.

(4) In determining the highest daily fee payable to the holder of a judicial office, no account is to be taken of—

(a) a daily fee which is only payable to a single holder of a particular office at that time, unless that fee was payable to P in respect of the office in question,

(b) any amount added to the fee by way of a London weighting, unless P was at any time in the period referred to in paragraph (2)(a)(i) entitled to a London weighting in respect of the office in question.

(5) In this regulation—

(a) for the purposes of paragraph (2)(a), First-tier Tribunal Judges holding office in different chambers of the First-tier Tribunal are to be treated as holding different judicial offices (but P is not to be treated as taking partial retirement from a relevant office if P leaves a chamber of the First-tier Tribunal, if P continues to be a First-tier Tribunal Judge);

(b) “salaried judicial office” means a judicial office held by a person which is remunerated by payment of a salary.