Introductory Text
PART 1 Preliminary
1.Citation and commencement
2.Interpretation
PART 2 Establishment of the scheme
3.Establishment and scope
PART 3 Governance
4.Scheme manager
5.Delegation
6.Payment of fees and expenses
PART 4 Scheme membership
CHAPTER 1 Eligibility for active membership
7.Qualifying judicial office
8.Eligible persons
9.Service in two or more qualifying judicial offices
CHAPTER 2 Pensionable service
10.Application of Chapter
11.Enrolment
12.Opting out of this scheme
13.Opting out before the end of one month
14.Opting out after one month
15.Opting into this scheme
CHAPTER 3 Pensionable earnings
16.Pensionable earnings
17.Meaning of “assumed pay”: salaried office holders
18.Meaning of “assumed pay”: fee-paid office holders
CHAPTER 4 Deferred membership
19.Meaning of “deferred member”
20.Refund of all member contributions made by the member
PART 5 Pension accounts
CHAPTER 1 Calculation of adjustments
21.Calculation of “retirement index adjustment”
22.Determination of “the age addition”
23.Determination of “the assumed age addition”
CHAPTER 2 Calculation of accrued pension
24.Calculation of amount of accrued standard earned pension for purpose of deferment or full retirement
25.Calculation of amount of accrued standard earned pension for purpose of partial retirement
CHAPTER 3 Pension accounts: general
26.Establishment of pension accounts: general
27.Closure and adjustment of pension accounts on transfer out
CHAPTER 4 Active member’s account
28.Application of Chapter
29.Establishment of active member’s account
30.Amount of pension for a scheme year
31.Opening balance
32.Closure of active member’s account
CHAPTER 5 Deferred member’s account
33.Application of Chapter
34.Establishment of deferred member’s account
35.Provisional amount of deferred pension
36.Adjustment of provisional amount
37.Closure of deferred member’s account after gap in pensionable service not exceeding 5 years
CHAPTER 6 Full retirement account
38.Establishment of full retirement account
39.Amount of full retirement pension
CHAPTER 7 Partial retirement account
40.Establishment of partial retirement account
41.Amount of partial retirement pension
CHAPTER 8 Pension accounts for pension credit members
42.Establishment of pension credit member’s account
43.Other pension accounts
PART 6 Retirement benefits
CHAPTER 1 General
44.Application of Part
45.Qualifying service
CHAPTER 2 Full retirement benefits
46.Entitlement to full retirement pension
47.Annual rate of full retirement pension (active members)
48.Annual rate of full retirement pension (deferred members)
CHAPTER 3 Partial retirement benefits
49.Exercise of partial retirement option
50.Partial retirement option notice
51.Entitlement to partial retirement pension or full retirement pension
52.Annual rate of partial retirement pension
53.Annual rate of full retirement pension when taking partial retirement
CHAPTER 4 Ill-health benefits
54.Meaning of “permanent breakdown in health”
55.Meaning of “incapacity for employment”
56.Entitlement to ill-health pension
57.Annual rate of ill-health pension
CHAPTER 5 Payment options
58.Options under this Chapter
59.Exercising an option under this Chapter
60.Option to commute part of pension
61.Option to commute whole of member’s accrued pensions (serious ill-health)
62.Commutation supplement
CHAPTER 6 Allocation of part of pension
63.Allocation election
64.Restriction on total amount of pension that may be allocated
65.Making an allocation election
66.Effect of allocation election
67.Adjustment of allocated benefit (members who have reached the age of 75)
PART 7 Pension credit and debit members
CHAPTER 1 Benefits for pension credit members
68.Entitlement to pension credit member’s pension
69.Claim for early payment
70.Pension credit member’s rights
71.Annual rate of pension credit member’s pension
72.Option for pension credit member to commute part of pension
73.Option for pension credit member to commute whole pension (serious ill-health)
74.Commutation supplement
CHAPTER 2 Pension debit members
75.Reduction in pension debit member’s benefits
PART 8 Death benefits
CHAPTER 1 Pensions for surviving adults
76.Surviving adults
77.Meaning of “surviving cohabiting partner”
78.Meaning of “surviving adult’s pension”
79.Meaning of dependant’s earned pension
80.Meaning of dependant’s ill-health pension
81.Entitlement to surviving adult’s pension
82.Annual rate of surviving adult’s pensions payable on death of pensioner member
83.Annual rate of surviving adult’s pensions payable on death of deferred member
84.Annual rate of surviving adult’s pensions payable on death of active member (death in service)
85.Reduction in pensions in cases of wide age disparity
CHAPTER 2 Pensions for eligible children
86.Meaning of “eligible child’s pension”
87.Meaning of “eligible child”
88.Eligibility for eligible child’s pension
89.Annual rate of eligible child’s pension
CHAPTER 3 Payment of pensions for surviving adults and eligible children
90.Payment of pensions under this Part
91.Stopping payment and recovery of pensions paid under this Part
92.Provisional awards of eligible child’s pensions: later adjustment
CHAPTER 4 Payment of lump sum death benefits
93.Payment of lump sum death benefit
94.Supplement: lump sum death benefit
95.Nominations for lump sum death benefits
96.Invalid nominations of individuals
97.Payment of lump sum death benefit to nominees or personal representatives
98.Members affected by court orders to former spouses and civil partners on death
99.Recovery of payments
CHAPTER 5 Amount of lump sum death benefits
100.Meaning of “final pay”
101.Meaning of “annualised final pay”
102.Amount payable on death of active member (death in service)
103.Amount payable on death of deferred member or pensioner member (death out of service)
104.Amount payable on death of pension credit member
PART 9 Contributions
105.Rate of member contributions
106.Amount of pensionable earnings: assumed pay
107.Payment of member contributions
108.Employers’ contributions
PART 10 Transfers
CHAPTER 1 Preliminary
109.Application of Part
110.Interpretation of Part
CHAPTER 2 Transfers out
111.Transfer value payments made to other schemes or pension arrangements
112.Application for a statement of entitlement
113.Statement of entitlement
114.Request for transfer value payment to be made
115.Calculating the amount of a transfer value
116.Effect of transfers-out
PART 11 Actuarial valuations and employer cost cap
117.Appointment of scheme actuary and actuarial valuations
PART 12 Supplementary
CHAPTER 1 Dual capacity members
118.Meaning of “dual capacity member”
119.Payment of benefits to or in respect of a dual capacity member
CHAPTER 2 Payment of benefits: general
120.Late payment of retirement index adjustment
121.Commutation of small pensions
122.Commutation supplement: small pensions
CHAPTER 3 Forfeiture and set-off
123.Forfeiture: offences committed by members
124.Forfeiture: offences committed by a member’s beneficiary
125.Forfeiture: relevant monetary obligations and relevant monetary losses
126.Set-off
CHAPTER 4 General
127.Calculation of periods of membership and service
128.Determination of questions
129.Evidence of entitlement
130.Provision of benefit information statements to members
131.Amendment to the Public Service Pensions Act 2013 (Judicial Offices) Order 2015
132.Information to be provided by employers
133.Financial provision
134.Transitional provisions
135.Sitting in retirement offices
136.Modifying provisions and amendments
Signature
SCHEDULE 1
Transitional provisions
PART 1 General
1.Interpretation
2.Meaning of “continuity of service”
3.Commencement of active membership of this scheme
PART 2 Payment of ill-health benefits to transition members with continuity of service
4.Transition member who has not reached normal pension age under a pre-2022 scheme
PART 3 Payment of death benefits in respect of transition members with continuity of service
5.Annual rate of surviving adults’ pensions payable under this scheme when a transition member dies in service
6.Annual rate of eligible child’s pension payable under this scheme when a transition member dies in service
7.Death in service lump sum
8.Death out of service lump sum
PART 4 Transitional provisions relating to pre-2022 scheme
9.Pensionable service under pre-2022 scheme
10.Repayment of contributions under pre-2022 scheme
11.Qualifying for retirement benefits under the pre-2022 scheme
12.Nomination under the pre-2022 scheme continues to have effect
13.Pre-commencement contributions
PART 5 Transitional provisions relating to the 2015 scheme
14.Deferred members of the 2015 scheme
SCHEDULE 2
Sitting in Retirement offices
SCHEDULE 3
Modifying provisions and amendments
PART 1 Modification of early leaver and other provisions
1.Application of this Part
2.Preservation of benefit
3.Revaluation of preserved benefit
PART 2 Amendments
4.Amendments to the Judicial Pensions Regulations 2015
5.Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017
Explanatory Note