PART 2Amendments relating to service before 7th April 2000

Amendment of regulation 45.

In regulation 4—

(a)

in paragraph (2)—

(i)

in sub-paragraph (b) for “7th April 2000” substitute “any service limitation date specified in Schedule 1 in relation to the fee-paid judicial office,”,

(ii)

after sub-paragraph (b) insert—

“(ba)

that the relevant day was not worked by P in an eligible fee-paid judicial office before 31st March 1995, where P had a new appointment, as that term is defined in regulation 11B(2), before 31st March 1995, unless the retirement benefits in relation to that new appointment are to be calculated under the post-1995 provisions or are in relation to JUPRA service;”;

(b)

in paragraph (3), for “(subject to paragraph (5))” substitute “(subject to paragraphs (3B) and (4))”;

(c)

after paragraph (3) insert—

“(3A)

A service credit day is a day worked by P on or before the service limitation date applicable to an eligible fee-paid judicial office.

(3B)

Any service credit days are taken into account in determining P’s qualifying fee-paid service under paragraph (3) after multiplying the number of service credit days by the service credit day multiplier in relation to that office.”;

(d)

in paragraph (4) for “under paragraph (4)” substitute “under paragraph (3)”;

(e)

after paragraph (4) insert—

“(4A)

Where P first held an eligible fee-paid judicial office specified in Tables 1 or 2 of Schedule 1 before 31st March 1995, and benefits in relation to that office are to be calculated under the post-1995 provisions, for the purposes of determining P’s qualifying fee-paid service, a multiplier of 1.25 is to be applied to the number of qualifying fee-paid days before the date of any new appointment, as that term is defined in regulation 11B(2), or to the number of qualifying fee-paid days on or before the date any election under regulation 11C takes effect.”.