The Judicial Pensions (Amendment) Regulations 2024

Part 4 The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017

8.  The Judicial Pensions (Fee-Paid Judges) Regulations 2017(1) (“the 2017 Regulations”) are amended in accordance with this Part.

Amendment of regulation 2

9.  In regulation 2(1) (interpretation), in the definition of “service credit day multiplier”, after “the HM Land Registry,” insert— “0.00 where the relevant office is that of Judge of the Consumer Credit Appeal Tribunal or Judge of the Estate Agents Appeal Tribunal,”.

Amendment of regulation 9

10.  In regulation 9 (opted out members and active members), after paragraph (2A) insert—

“(2B) If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member.”.

Amendment of regulation 11C

11.  In regulation 11C(2)(b) (elections available to members)—

(a) omit “, if P has retired or died before this regulation came into force,”;

(b) for “12”, in the second place that it occurs, substitute “48”;

(c) after “the amendment day” insert— “, whichever is the later”.

Amendment of regulation 55

12.  In regulation 55 (calculation of pre-commencement dependants’ contributions amounts)—

(a) in paragraph (1), after “under paragraph (2)” insert “, (2A)”;

(b) in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995”;

(c) after paragraph (2) insert—

“(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that references to column 3 should be read as column 4.”.

Amendment of regulation 55A

13.  In regulation 55A (calculation of initial pre-commencement dependants’ contributions amount)—

(a) in paragraph (1), after “under paragraph (2)” insert “, (2A)”;

(b) in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995”;

(c) after paragraph (2) insert—

“(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that the reference to column 3 should be read as column 4.”.

Amendment of regulation 58A

14.  In regulation 58A (payment of initial pre-commencement contributions)—

(a) in paragraph (1)(a), for “of 6 months beginning with 1st April 2023” substitute “ending with 1st April 2027, or by such later date as the administrators consider reasonable in all the circumstances”;

(b) in paragraph (5), for “Regulation 65 applies” substitute “Regulations 65, 66, 67 and 68 apply” and for “regulations 54A and 55A” substitute “regulation 55A”.

Amendment of regulation 62

15.  In regulation 62(3ZA) (amount of contribution)—

(a) after “Schedule 1” insert “and that office was first held before 31st March 1995”;

(b) after “the relevant column is column 3”, insert “; if the fee was for an office specified in Table 1 or Table 2 of Schedule 1 and that office was first held on or after 31st March 1995, the relevant column is column 4”.

Amendment of regulation 65

16.  In regulation 65(5) (full repayment of dependants’ benefits contributions on retirement), omit “(or if later, since 7th April 2000)”.

Amendment of regulation 66

17.  In regulation 66(6) (partial repayment of dependants’ benefits contributions on retirement), omit “(or 7 April 2000 if later)”.

Amendment of regulation 67

18.  In regulation 67(5) (full repayment of dependants’ benefits contributions on partial retirement), omit “(or if later, since 7th April 2000)”.

Amendment of regulation 69A

19.  In regulation 69A(7) (commutation of small pensions), in paragraph (a) of the definition of “the commutation provisions”, for “Part 8” substitute “Chapter 2 of Part 2B or Part 6 of these Regulations”.

Amendment of regulation 104

20.  In regulation 104(2) (membership of the Fee-Paid Judicial Added Years Scheme (“ FPJAYS”)), for “12” substitute “48”.

Amendment of regulation 107

21.  In regulation 107(3) (contributions by retired FPJAYS members), in paragraph (b) of the formula, at the end, insert “and, where regulation 4(4A) applies for the purposes of determining P’s qualifying fee-paid service, disapplying the multiplier of 1.25”.

Amendment of regulation 117

22.  In regulation 117(2) (membership of the Fee-Paid Judicial Added Surviving Adult’s Pension Scheme), for “12” substitute “48”.

Amendment of regulation 128A

23.  In regulation 128A(1) (interpretation of the Fee-Paid Judicial Added Benefits Scheme (“ FPJABS”))—

(a) omit the definition of “PRS”;

(b) after the definition of “unretired FPJABS member” insert—

““WS” has the meaning given in regulation 128B.”.

Consequential amendment of Parts 14A and 14B

24.  For “PRS” substitute “WS” in the following regulations:

(a) regulation 128F(2)(b)(i) and (ii);

(b) regulation 128F(3)(a);

(c) regulation 128F(5)(a);

(d) regulation 128F(5)(c);

(e) regulation 128K(1);

(f) regulation 128L(2)(a);

(g) regulation 128L(2)(b);

(h) regulation 128L(3);

(i) regulation 128L(4)(a)(i);

(j) regulation 128L(4)(a)(ii);

(k) regulation 128L(4)(b)(i);

(l) regulation 128L(4)(b)(ii); and

(m) regulation 128X(2).

Amendment of regulation 128B

25.—(1) In the heading to regulation 128B (determination of PRS value for use in this Part), for “PRS value” substitute “WS and RS values”.

(2) in regulation 128B—

(a) for paragraph (1) substitute—

“(1) In this Part, WS means a value derived using the appropriate annual salary values for each eligible fee-paid office in which the member has reckonable service (in accordance with paragraphs (5), (7) or (9) as appropriate) for which entitlements are to be calculated under the pre-1995 provisions.”;

(b) in paragraph (2), in the opening words, before “RS” insert “In this Part, ”;

(c) omit paragraphs (3) and (4);

(d) in paragraph (11), for “the values of RS, WS and JS” substitute “WS”.

Amendment of regulation 128C

26.  In regulation 128C(2) (membership of FPJABS), for “2024” substitute “2027”.

Amendment of regulation 128D

27.  In regulation 128D(2) (assumed dates etc.), at the end, insert “and after the commencement of the member’s reckonable service for which benefits are to be calculated under the pre-1995 provisions”.

Amendment of regulation 128E

28.  In regulation 128E(2) (notice to purchase added units of benefit)—

(a) in sub-paragraph (b), after “age;” insert “and”;

(b) omit sub-paragraph (c).

Amendment of regulation 128I

29.  In regulation 128I(1)(a) (limits on contributions by unretired FPJABS members), for the formula substitute—

“”.

Amendment of regulation 128J

30.—(1) In the heading to regulation 128J (cost of added units of benefit for retired FPJABS members), for “Cost of” substitute “Contribution required for”.

(2) In regulation 128J(1)—

(a) for “cost of” substitute “contribution required for”; and

(b) in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”.

Amendment of regulation 128K

31.—(1) In the heading of regulation 128K (cost of added units of benefit for unretired FPJABS members), for “Cost of” substitute “Annual contribution rate for”.

(2) In regulation 128K(1)—

(a) for “cost of” substitute “annual contribution rate for”;

(b) in the definition of “A”, for “the first table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”; and

(c) after the definition of “B”, for the words from “PRS is to be determined as if—” to the end, substitute “WS is to be determined as if references to the member’s retirement were instead references to the assumed contributions commencement date.”.

Amendment of regulation 128N

32.  In regulation 128N(2) (refund of contributions: family benefits), in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”.

Amendment of regulation 128R

33.  In regulation 128R(2) (conversion of added years into added units of benefit)—

(a) for the definition of “D” substitute—

“D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at:

(i) retirement in respect of retired members; and

(ii) the assumed retirement date under Part 13 in respect of unretired members;”;

(b) after the definition of “D”, omit the words from “For the purpose of the definition of D” to “the appropriate annual salary of the office concerned”.

Amendment of regulation 128S

34.  In regulation 128S (variation of added units of benefit after conversion under regulation 128R)—

(a) in paragraph (2)(b), for “2024” substitute “2027”;

(b) in paragraph (7)(b), for “2024” substitute “2027”.

Amendment of regulation 128T

35.  In regulation 128T (variation of added years purchase upon notice by member)—

(a) in paragraph (2), for “2024” substitute “2027”;

(b) in paragraph (8), for “2024” substitute “2027”.

Amendment of regulation 128V

36.  In regulation 128V (variation of existing JASAPS purchase upon notice by member)—

(a) in paragraph (2), for “2024” substitute “2027”;

(b) in paragraph (8), for “2024” substitute “2027”.

Amendment to regulation 128X

37.  In regulation 128X(2) (conversion of units of benefit into added years)—

(a) for the definition of “D” substitute—

“D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at:

(i) retirement in respect of retired members; and

(ii) the assumed retirement date under Part 14A in respect of unretired members.”;

(b) after the definition of “D”, omit the words from “For the purpose of the definition of D” to “a reference to the post-1995 provisions”.

Amendment of Schedule 1 (Judicial Offices)

38.—(1) Table 4 of Schedule 1 is amended as follows.

(2) After the entry for “President of Welsh Tribunals” insert—

“Legal Chair Agricultural Land Tribunal Wales	220	30th June 2013
Deputy Legal Chair Agricultural Land Tribunal Wales	220	30th June 2013”;

(3) After the entry for “First-tier Tribunal Judge (Property Chamber) Agricultural Land and Drainage” insert—

“First-tier Tribunal Judge (Health, Education and Social Care Chamber) Primary Health Lists

220

18th January 2010”;

(4) After the entry for “Legal Member Transport Tribunal” insert—

“Judge of the Consumer Credit Appeal Tribunal	220	1st September 2009
Judge of the Estate Agents Appeal Tribunal	220	1st September 2009”.

Insertion of new Schedules

39.  After Schedule 3, insert Schedules 4 (personal benefits and family benefits percentage figures) and 5 (service credit figures), as set out in Schedules 1 and 2 respectively to these Regulations.

(1)

S.I. 2017/522, as amended by S.I. 2023/403; there are other amending instruments but none is relevant.