The Judicial Pensions Regulations 2022

Transition member who has not reached normal pension age under a pre-2022 scheme

4.—(1) This paragraph applies to a transition member with continuity of service who becomes entitled to an ill-health pension under this scheme and a pre-2022 scheme.

(2) If the member is entitled under this scheme and a pre-2022 scheme to immediate payment of an ill-health pension, the annual rate of that ill-health pension is, subject to sub-paragraph (3), the sum of—

(a) the annual rate of an ill-health pension under the pre-2022 scheme; and

(b) the annual rate of an ill-health pension under this scheme.

(3) Where a member is entitled to immediate payment of an ill-health pension, payment of any enhancement in respect of the member’s assumed period of pensionable service is not payable under a pre-2022 scheme.

(4) In this paragraph, “the member’s assumed period of pensionable service” means the period—

(a) beginning with the day after the day on which the member’s continuous period of pensionable service ceased; and

(b) ending with—

(i) for a member appointed for a fixed term, the day on which that term ends; or

(ii) for all other appointments, the day before the day on which the member will reach prospective normal pension age (assuming that the member lives until that age).

(5) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.