The Judicial Pensions (Contributions) (Amendment) Regulations 2006

• Citation: S.I. 2006/749
• Sections: 21

Section 1 Citation and Commencement

These Regulations may be cited as the Judicial Pensions (Contributions) (Amendment) Regulations 2006 and shall come into force on 6 th April 2006.

Section 2 Amendments to the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

The Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987 are amended as follows.

Section 3 Amendments to the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

(1) In regulation 8(2) (Election to make periodical payments), in sub-paragraph (a), for “4 per cent.”, substitute “2.4%”.

(2) In regulation 8(2), in sub-paragraph (b), for “3 per cent.”, substitute “1.8%”.

(3) For regulation 8(4) substitute—

(4) Subject to paragraphs (7) and (8), an election made under this regulation shall be irrevocable.

(4) After regulation 8(6) insert—

(7) An office-holder who ceases to be married after having made an election under this regulation may revoke his election by notice in writing to the responsible authority not later than six months after his so ceasing.

(8) Without prejudice to paragraph (7), an office-holder who is making periodical payments may on a single occasion and regardless of his marital status revoke his election to pay periodical payments by notifying the responsible authority in writing that he wishes to do so.

(9) A revocation made under paragraph (7) or (8) shall not prevent an office-holder subsequently electing to make periodical payments in accordance with paragraph (3).

Section 4 Amendments to the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

For regulation 9(2) (Additional payments for back service), substitute—

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at the following rates—

(a) if he is serving in a 15-year office, 2.4%, 4.8%, 6.6% or a higher percentage, being a multiple of the standard rate;

(b) if he is serving in a 20-year office, 1.8%, 3.6%, 5.4%, 7.2% or a higher percentage, being a multiple of the standard rate.

Section 5 Amendments to the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

In regulation 10(4) (Method of payment), for the words “15 per cent. of the”, substitute “the total”.

Section 6 Amendments to the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

Regulation 13(2) (Refunds of periodical payments) is revoked.

Section 7 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991 are amended as follows.

Section 8 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

(1) In regulation 8(2) (Election to make periodical payments), in sub-paragraph (a), for “4 per cent”, substitute “2.4%”.

(2) In regulation 8(2), in sub-paragraph (b), for “3 per cent”, substitute “1.8%”.

(3) For regulation 8(4) substitute—

(4) Subject to paragraphs (7) and (8), an election made under this regulation shall be irrevocable.

(4) After regulation 8(6) insert—

(7) An office-holder who ceases to be married or who ceases to be a civil partner after having made an election under this regulation may revoke his election by notice in writing to the responsible authority not later than six months after his so ceasing.

(8) Without prejudice to paragraph 8(7), an office-holder who is making periodical payments may on a single occasion and regardless of his marital or civil partnership status revoke his election to pay periodical payments by notifying the responsible authority in writing that he wishes to do so.

(9) A revocation made under paragraph (7) or (8) shall not prevent an office-holder from subsequently electing to make periodical payments in accordance with paragraph (3).

Section 9 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

For regulation 9(2) (Additional payments for back service in relation to widower’s benefits), substitute—

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at the following rates—

(a) if he is serving in a 15-year office, 2.4%, 4.8%, 6.6% or a higher percentage, being a multiple of the standard rate;

(b) if he is serving in a 20-year office, 1.8%, 3.6%, 5.4%, 7.2% or a higher percentage, being a multiple of the standard rate.

Section 10 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

For regulation 9A(2) (Additional payments for back service in relation to surviving civil partner’s benefits), substitute—

(2) An office-holder who has back-service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at the following rates—

(a) if the office-holder is serving in a 15-year office, 2.4%, 4.8%, 6.6% or a higher percentage, being a multiple of the standard rate;

(b) if the office-holder is serving in a 20-year office, 1.8%, 3.6%, 5.4%, 7.2% or a higher percentage, being a multiple of the standard rate.

Section 11 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

In regulation 10(4) (Method of payment), for the words “15 per cent of the” substitute “the total”.

Section 12 Amendments to the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

Regulation 13(2) (Refunds of periodical payments) is revoked.

Section 13 Amendments to the Judicial Pensions (Contributions) Regulations 1998

The Judicial Pensions (Contributions) Regulations 1998 are amended as follows.

Section 14 Amendments to the Judicial Pensions (Contributions) Regulations 1998

In regulation 6(1) (Rate of contributions under section 9), for “3%”, substitute “1.8%”.

Section 15 Amendments to the Judicial Pensions (Contributions) Regulations 1998

In regulation 10 (Calculation of contributions credit), after paragraph (5), insert—

(6) For the purpose of paragraph (4), where contributions are paid under a former or last existing scheme on or after 6 th April 2006, the percentage rate of salary at which contributions are paid shall be deemed to be the rate at which they would have been paid prior to 6 th April 2006.

Section 16 Amendments to the Judicial Pensions (Contributions) Regulations 1998

In regulation 11 (Additional contributions), in paragraph (3), for the words “15% of pension-capped salary”, substitute “his total pension-capped salary in the tax year (that is, in relation to income tax, a year for which any Act provides for income tax to be charged) in which the contributions are made”.

Section 17 Amendments to the Judicial Pensions (Contributions) Regulations 1998

Regulation 11(4) is revoked.

Section 18 Amendments to the Judicial Pensions (Contributions) Regulations 1998

In regulation 11(6), for “3%”, substitute “1.8%”.

Section 19 Amendments to the Judicial Pensions (Contributions) Regulations 1998

In regulation 11(7), for “3%”, in each place, substitute “1.8%”.

Section 20 Amendments to the Judicial Pensions (Contributions) Regulations 1998

Regulation 13(7) (Contributions adjustment) is revoked.

Section 21 Saving

Amendments made by these Regulations do not have effect in so far as the provisions amended apply to the office of the Lord Chancellor.