The Judicial Pensions Regulations 2022

• Citation: S.I. 2022/319
• Sections: 157

Section 1 Citation and commencement

(1) These Regulations may be cited as the Judicial Pensions Regulations 2022.

(2) Parts 1 and 3, regulation 12 , and paragraph 4(13) of Schedule 3 and regulation 137 insofar as it relates to that sub-paragraph come into force on the day after the day on which they are made.

(3) Regulations 132(1), (3) and (4) and Schedule 2 come into force in respect of an office specified in that Schedule on the same day as sections 123 and 124 of the Public Service Pensions and Judicial Offices Act 2022 come into force for all purposes in respect of that office.

(4) The remaining provisions come into force on 1st April 2022.

Section 2 Interpretation

In these Regulations—

“the Act” means the Public Service Pensions Act 2013;

“the 2015 Regulations” means the Judicial Pensions Regulations 2015 ;

“the 2015 scheme” means the scheme established by the Judicial Pensions Regulations 2015;

“FA 2004” means the Finance Act 2004 ;

“FPJR 2017” means the Judicial Pensions (Fee-Paid Judges) Regulations 2017 ;

“PIA 1971” means the Pensions (Increase) Act 1971 ;

“PSA 1993” means the Pension Schemes Act 1993 ;

“PA 1995” means the Pensions Act 1995 ;

“WRPA 1999” means the Welfare Reform and Pensions Act 1999 ;

“accrued pension” means—

in relation to another pension scheme, accrued rights to benefits under that scheme which are the equivalent of accrued standard earned pension under this scheme; and

in relation to this scheme, accrued standard earned pension (if any);

“accrued rights”, in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit;

“accrued standard earned pension”—

for the purpose of calculating the amount of full retirement pension or the provisional amount of deferred pension, has the meaning given in regulation 24(2) (calculation of amount of accrued standard earned pension for purpose of deferment or full retirement);

for the purpose of calculating the amount of partial retirement pension, has the meaning given in regulation 25(2) (calculation of amount of accrued standard earned pension for purpose of partial retirement);

“active member”, in relation to this scheme, means a person who is in pensionable service under this scheme or a person on unpaid leave;

“active member’s account” has the meaning given in regulation 29(2) (establishment of active member’s account);

“actuarial guidance” means guidance given by the scheme manager after consultation with the scheme actuary;

“actuarial reduction” in relation to reduction of pension payable to a member who has not reached normal pension age, means a reduction determined by the scheme manager after consultation with the scheme actuary or taking into account tables prepared by the scheme actuary;

“additional maternity leave” has the meaning given in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations 1999 ;

“additional paternity leave” has the meaning given in regulation 2(1) (interpretation) of the Additional Paternity Leave Regulations 2010 ;

“adoption leave” means ordinary adoption leave under section 75A (ordinary adoption leave), or additional ordinary adoption leave under section 75B (additional adoption leave), of the Employment Rights Act 1996 ;

“age addition” has the meaning given in regulation 22(3) (determination of “the age addition”);

“allocation amount” means the amount of pension allocated as a result of making an allocation election;

“allocation election” means an election under regulation 63(2) (allocation election);

“amount of credited pension” means an amount equal to the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 (pension credits: mode of discharge) to WRPA 1999;

“amount of earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 30(3) (amount of pension for a scheme year);

“annual rate”—

in relation to standard earned pension, has the meaning given in Chapters 2 (regulations 48 and 49) and 3 (regulations 53 and 54) of Part 6 (retirement benefits); and

in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;

“appropriate Minister” means—

in relation to any qualifying judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

subject to paragraph (a) above, the Lord Chancellor;

“assignment”, in relation to this scheme, means the assigning of a member in accordance with paragraph 9 of Part 2 of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 ;

“assumed age addition” has the meaning given in regulation 23(3) (determination of “the assumed age addition”);

“assumed pay” has the meaning given in regulation 17(2) (in respect of salaried office holders) and regulation 18(3) (in respect of fee-paid office holders);

“the beginning date”, in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) (meaning of “pension” and other supplementary provisions) of PIA 1971 ;

“beneficiary”, in relation to a deceased member, means the surviving adult or eligible child of the member;

“closing date” in relation to a transition member, has the meaning given in paragraph 1 of Schedule 1 ;

“the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the commutation option;

“commutation option” means the option to exchange part of a pension for a lump sum—

exercisable under regulation 60 (option to commute part of pension) in relation to a retirement pension; or

exercisable under regulation 72 (option for pension credit member to commute part of pension) in relation to a pension credit member’s pension;

“connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) (scheme manager) of the Act, with this scheme;

“continuity of service” has the meaning given in paragraph 2 of Schedule 1;

“continuous period of pensionable service” means a period of pensionable service under this scheme disregarding any gap in pensionable service not exceeding 5 years, unless otherwise provided;

“continuous period of service”, in relation to qualifying judicial office, means a period of service in one or more qualifying judicial offices disregarding any gap in service not exceeding 5 years;

“death benefits” means benefits payable under Part 8 (death benefits);

“deferred member” has the meaning given in regulation 19 (meaning of “deferred member”);

“deferred member’s account” has the meaning given in regulation 34(3) (establishment of deferred member’s account);

“dependant” has the meaning given in paragraph 15 of Schedule 28 to the FA 2004 ;

“dual capacity member” has the meaning given in regulation 118 (meaning of “dual capacity member”);

“early payment reduction” means the actuarial reduction that is applied when calculating the annual rate of pension payable to a member of this scheme who has not reached normal pension age under this scheme;

“eligible child” has the meaning given in regulation 87 (meaning of “eligible child”);

“eligible child’s pension” has the meaning given in regulation 86 (meaning of “eligible child’s pension”);

“employer” means the person responsible for the remuneration of a qualifying judicial officeholder;

“the Fee-Paid Judges Scheme” means the scheme established by Parts 1 to 11 of the FPJR 2017;

“fee-paid office” means an office where service is remunerated by payment of fees, as opposed to the payment of salary;

“full retirement account” has the meaning given in regulation 38(4) (establishment of full retirement account);

“full retirement pension” means full retirement standard earned pension;

“head of jurisdiction” means—

in England and Wales, the Lord Chief Justice of England and Wales,

in Scotland, the Lord President of the Court of Session, and

in Northern Ireland, the Lord Chief Justice of Northern Ireland;

“ill-health pension” has the meaning given by regulation 56 (entitlement to ill-health pension);

“index adjustment” means, in relation to the opening balance of standard earned pension for any scheme year, the change in prices in the previous scheme year ;

“Judicial Pension Board” means the Judicial Pension Board established by regulation 6(1) (Judicial Pension Board: establishment) of the 2015 Regulations;

“last active scheme year” means the scheme year in which an active member of this scheme ceases to be in pensionable service under this scheme;

“last day of pensionable service” means the last day of a continuous period of pensionable service under this scheme;

“late payment supplement”, in relation to the provisional amount of deferred pension, means an additional amount of pension determined by the scheme manager after consulting the scheme actuary to be appropriate if a deferred member of this scheme is over normal pension age under this scheme before becoming entitled to the immediate payment of a full retirement pension;

“the leaving year” means the scheme year in which the relevant last day falls;

“lump sum death benefit” means a lump sum paid under Chapter 4 of Part 8 (payment of lump sum death benefits) on the death of a member;

“maternity leave” means ordinary maternity leave or additional maternity leave as defined in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations 1999 ;

“medical certificate” is a certificate prepared by a registered medical practitioner at the request of the scheme manager;

“member” means an active member, deferred member, pensioner member or pension credit member of this scheme;

“member contributions” has the meaning given in regulation 105 (rate of member contributions);

“ neonatal care leave ” means leave under section 80EF (neonatal care leave) of the Employment Rights Act 1996;

“normal minimum pension age” has the same meaning as in section 279(1) (other definitions) of FA 2004 ;

“normal pension age”, in relation to this scheme, is determined in accordance with section 10 (pensions age) of the Act;

“occupational pension scheme” has the meaning given in section 1 (categories of pension schemes) of PSA 1993;

“opening balance” has the meaning given in regulation 31(3) (opening balance);

“option proportion” has the meaning given in regulation 50(2)(c) (partial retirement option notice);

“ordinary maternity leave” has the meaning given in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations 1999;

“parental leave” means leave under regulation 13(1) (entitlement to parental leave) of the Maternity and Parental Leave etc. Regulations 1999;

“partial retirement account” has the meaning given in regulation 40(2) (establishment of partial retirement account);

“partial retirement option” means the option exercisable under regulation 49(2) (exercise of partial retirement option);

“partial retirement pension” means partial retirement standard earned pension;

“partially retired”, in relation to a member of this scheme, means a member who has exercised the partial retirement option;

“paternity leave” means leave under regulation 4 (entitlement to paternity leave: birth) or 8 (entitlement to paternity leave: adoption) of the Paternity and Adoption Leave Regulations 2002 ;

“pay period” means the period in respect of which a payment of pensionable earnings is made;

“pension credit” has the meaning given in section 124(1) (interpretation of Part 1) of PA 1995 ;

“pension credit member”, in relation to this scheme, means a person who has rights under this scheme which are attributable (directly or indirectly) to a pension credit under a pension sharing order following divorce or nullity of marriage;

“pension credit member’s account” has the meaning given in regulation 42 (establishment of pension credit member’s account);

“pension credit member’s pension” means a pension payable under regulation 68 (entitlement to pension credit member’s pension);

“pension debit” means a debit under section 29(1)(a) (creation of pension credits and debits) of WRPA 1999;

“pension debit member”, in relation to this scheme, means a person who is a member of this scheme whose benefits or future benefits under this scheme have been reduced under section 31 (reduction under pension sharing order following divorce or nullity of marriage) of WRPA 1999;

“pensionable earnings” has the meaning given in regulation 16 (pensionable earnings);

“pensioner member”, in relation to this scheme, means a person who is entitled to the immediate payment of a retirement pension under this scheme;

“pension sharing order” means any provision or order specified in section 28 (activation of pension sharing) of WRPA 1999 ;

“period of assumed pay” has the meaning given in regulation 17(1) (in relation to salaried office holders) and regulation 18(1) (in relation to fee-paid office holders);

“pre-2022 scheme” means—

a scheme mentioned in any of paragraphs 2 to 15 of Schedule 5 to the Act (judicial schemes);

a scheme mentioned in paragraph 2 of Schedule 5 to the Public Service Pensions Act (Northern Ireland) 2014 ;

the 2015 scheme;

the scheme established by the Judicial Pensions Regulations (Northern Ireland) 2015 ; or

the Fee-Paid Judges Scheme;

“prospective normal pension age”, in relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager, by reference to Treasury directions made under section 11(2) (valuations) of the Act, determines would apply in relation to those benefits;

“provisional amount of deferred pension” has the meaning given in regulation 35(2) (provisional amount of deferred pension);

“qualifying judicial office” has the meaning given in regulation 7 (qualifying judicial office);

“qualifying judicial service” has the meaning given in regulation 6 (qualifying judicial service) of the FPJR 2017;

“qualifying service” has the meaning given in regulation 45 (qualifying service);

“registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 (registration of pension schemes) of FA 2004;

“the relevant last day”, in relation to a continuous period of pensionable service, means—

for a partially retired member, the day before the day on which the partial retirement option was exercised in accordance with regulation 50, or

the member’s last day of pensionable service;

“retirement index adjustment”, in relation to an opening balance, has the meaning given in regulation 21 (calculation of “retirement index adjustment”);

“retirement benefits” means benefits payable under Part 6 (retirement benefits);

“retirement pension” means any of the following—

a full retirement pension;

a partial retirement pension;

an ill-health pension;

“salaried office” means an office where service is remunerated by the payment of salary, as opposed to the payment of fees;

“this scheme” means the scheme established by these Regulations;

“scheme actuary” means the actuary appointed by the Lord Chancellor under regulation 117 (appointment of scheme actuary and actuarial valuations);

“scheme advisory board” means the scheme advisory board established by regulation 9(1) (scheme advisory board: establishment) of the 2015 Regulations;

“scheme closing date” means 31st March 2022 ;

“scheme manager” has the meaning given in regulation 4 (scheme manager) of the 2015 Regulations;

“scheme year” means a period of one year beginning with 1st April and ending with 31st March;

“standard earned pension” means pension which is earned under this scheme and which is payable without actuarial reduction at normal pension age;

“statutory pay” means—

statutory adoption pay within the meaning of section 171ZL(1) (entitlement) of the Social Security Contributions and Benefits Act 1992(24) ;

statutory maternity pay within the meaning of section 164(1) (statutory maternity pay - entitlement and liability to pay) of the Social Security Contributions and Benefits Act 1992;

statutory paternity pay within the meaning of section 171ZA(1) (entitlement: birth) or 171ZB(1) (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992 ; ...

statutory shared parental pay within the meaning of section 171ZU (entitlement: birth) or section 171ZV (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992 ; or

statutory neonatal care pay within the meaning of section 171ZZ16 (entitlement) of the Social Security Contributions and Benefits Acts 1992;

“surviving adult”, in relation to a deceased member of this scheme, has the meaning given in regulation 76 (surviving adults);

“surviving adult’s pension” has the meaning given in regulation 78 (meaning of “surviving adult’s pension”);

“surviving civil partner” has the meaning given in regulation 76 ;

“surviving spouse” has the meaning given in regulation 76 ;

“tax year” means a period of one year which is the period of assessment for income tax purposes;

“total allocation amount”, in relation to an amount of retirement pension, means the total amount of that pension allocated under Chapter 6 of Part 6 (allocation of part of pension);

“transfer value” has the meaning given in regulation 110 (interpretation of Part);

“transfer value payment” means payment of a transfer value;

“transition member” has the meaning given in paragraph 1 of Schedule 1;

“trivial commutation lump sum” has the meaning given in paragraph 7 of Schedule 29 to the FA 2004.

Section 3 Establishment and scope

A career average revalued earnings scheme is established as a defined benefits scheme for the payment of pensions and other benefits to or in respect of—

(a) the judiciary , and

(b) persons in respect of whom the Lord Chancellor makes a determination under section 25(5) (extension of schemes) of the Act.

Section 4 Scheme manager

(1) Before exercising any discretion under these Regulations, the scheme manager must obtain a recommendation from the Judicial Pension Board.

(2) If the scheme manager exercises any discretion under these Regulations contrary to a recommendation made by the Judicial Pension Board, the scheme manager must provide written reasons for doing so to the Judicial Pension Board and to the member to whom the discretion relates (if any).

(3) The scheme manager and the Judicial Pension Board may agree that paragraphs (1) and (2) do not apply to specific discretions or in specific circumstances.

Section 5 Delegation

(1) The Lord Chancellor may delegate any functions under these Regulations, including this power.

(2) The scheme manager may delegate any functions under these Regulations, including this power.

(3) The Judicial Pension Board may delegate any functions under these Regulations.

Section 6 Payment of fees and expenses

The Lord Chancellor may—

(a) pay fees to or in respect of members of the Judicial Pension Board and the scheme advisory board of such amounts as the Lord Chancellor may determine; and

(b) reimburse members of the Judicial Pension Board and the scheme advisory board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme.

Section 7 Qualifying judicial office

For the purpose of these Regulations, a person who is appointed to an office specified in an order made under paragraph 2 of Schedule 1 (judiciary) to the Act is in a qualifying judicial office.

Section 7A Qualifying judicial offices with retrospective entitlements

(1) Where an office, as specified in an order made under paragraph 2 of Schedule 1 to the Act, has a corresponding entitlement start date under paragraph (2), then:

(a) that office is deemed to have been a qualifying judicial office from that entitlement start date for the purpose of these Regulations subject to paragraph 7; and

(b) the holder of that office is entitled from the office’s entitlement start date to the date on which the office was specified in the order referred to in paragraph (1) (the “retrospective entitlement period”) to the pension and other benefits conferred by these Regulations subject to paragraph 7.

(2) The following office has the following entitlement start date: Member (Chair Only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation, 1 April 2022.

(3) The holder of an office to which paragraph (1) applies must pay to the scheme contributions in respect of service carried out during their retrospective entitlement period (“previous service contributions”) as calculated under paragraph (4).

(4) The member’s previous service contributions are to be calculated as follows—

Step 1

Find the member’s pensionable earnings as set out under regulation 16 for each scheme year.

Step 2

Multiply the member contributions rate as calculated under regulation 105 by the pensionable earnings for each scheme year.

Step 3

Add together the amounts calculated under Step 2.

(5) Except to the extent that the previous service contributions have already been paid, where possible they must be paid:

(a) by way of a lump sum at any time during the period of 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree); or

(b) by way of deductions by the member’s employer from the member’s pensionable earnings for each pay period, as may be specified in an agreement between the member and the scheme manager.

(6) Where it is not possible to pay the previous service contributions under paragraph (5), they must be paid by way of a deduction from—

(a) pension payments under Part 6 of these Regulations in such instalments as the scheme manager considers appropriate;

(b) the lump sum (if one is payable under regulations 60 or 61 of these Regulations) paid on retirement;

(c) where a member dies before retiring, the lump sum payable under regulation 93 of these Regulations; or

(d) if applicable, the transfer value payment under Chapter 2 of Part 10 of these Regulations.

(7) The holder of an office to which paragraph (1) applies may opt out in relation to all or part of the retrospective entitlement period by sending a notice (an “opt-out notice”) to the scheme manager, in a form required by the scheme manager, within 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree).

(8) Where the holder of an office sends an opt-out notice to the scheme manager under paragraph (7), that person is treated as always having been an opted-out member in relation to all or part of the retrospective entitlement period.

Section 8 Eligible persons

(1) For the purposes of this Part, an eligible person is a person who is eligible to be an active member of this scheme.

(2) A person who begins service in a qualifying judicial office (P) becomes an eligible person in relation to that service unless paragraph (3) applies.

(3) This paragraph applies if the terms of P’s office exclude P from being an active member of this scheme.

Section 9 Service in two or more qualifying judicial offices

If a person is in service in two or more qualifying judicial offices, regulation 8 applies separately in relation to each office.

Section 10 Application of Chapter

(1) This Chapter applies in relation to a continuous period of service in a qualifying judicial office.

(2) If a person is in service in two or more qualifying judicial offices, this Chapter applies separately in relation to each of the offices.

Section 11 Enrolment

A person (P) begins pensionable service under this scheme in relation to a qualifying judicial office on the first day on which P becomes an eligible person in relation to service in that office unless regulation 13 (opting out before the end of one month) applies.

Section 12 Opting out of this scheme

(1) A person (P) opts out of this scheme in relation to service in a qualifying judicial office if P opts not to be an active member of this scheme in relation to that service.

(2) P may only exercise the option under paragraph (1) by notice to the scheme manager in a form required by the scheme manager (“opt-out notice”).

(3) The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager.

Section 13 Opting out before the end of one month

(1) This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in a qualifying judicial office before the end of one month after P’s first day of a continuous period of service in that office (or within any longer period the scheme manager considers appropriate).

(2) If this regulation applies, P is taken never to have been in pensionable service under this scheme in relation to the continuous period of service in that office.

Section 14 Opting out after one month

(1) This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in a qualifying judicial office not less than one month after P’s first day of a continuous period of service in that office.

(2) If P opts out of this scheme by opt-out notice, P ceases to be in pensionable service under this scheme in relation to that office—

(a) on the first day of the first pay period beginning on or after the date on which the option is exercised; or

(b) if the scheme manager considers that day inappropriate, on the first day of any later pay period the scheme manager considers appropriate.

Section 15 Opting into this scheme

(1) A person (P) who, in relation to a qualifying judicial office, is an eligible person but is not in pensionable service under this scheme may opt to become an active member of this scheme in relation to service in that office.

(2) The option under this regulation may only be exercised by notice to the scheme manager in a form required by the scheme manager (“opt-in notice”).

(3) If P exercises the option under this regulation in relation to service in a qualifying judicial office, P is taken to exercise that option on the date on which the opt-in notice is received by the scheme manager.

(4) If P opts out of this scheme within 12 months after opting in, P may not opt in again until after the end of that period of 12 months.

Section 16 Pensionable earnings

For the purpose of calculating a member’s pension or other benefits under this scheme, the member’s pensionable earnings for any period are the sum of—

(a) the member’s earnings for service in a qualifying judicial office for that period; and

(b) any allowance granted on a permanent basis that the scheme manager determines to be pensionable earnings for that period.

Section 17 Meaning of “assumed pay”: salaried office holders

(1) For the purpose of these Regulations, an active member of this scheme who is a salaried office holder (P) receives assumed pay in that office in respect of any period in which any of the circumstances in paragraph (3) apply (“period of assumed pay”).

(2) For the purpose of paragraph (1) , “assumed pay” means the amount equal to the pensionable earnings that P would have received in that period if those circumstances had not applied.

(3) The circumstances are—

(a) P is on sick leave on reduced pay;

(b) P is on adoption leave, maternity leave, parental leave, paternity leave , additional paternity leave or neonatal care leave ;

(c) P is receiving statutory pay; or

(d) P is on secondment to a different employer under an arrangement providing for P to continue to be an active member of this scheme in relation to P’s service although P is paid by that employer.

Section 18 Meaning of “assumed pay”: fee-paid office holders

(1) Where a fee-paid office holder holds more than one judicial office, this regulation applies separately in relation to each office held.

(2) For the purpose of these Regulations, an active member of this scheme who is a fee-paid office holder (P) receives assumed pay in respect of any period in which any of the circumstances in paragraph (5) apply (“period of assumed pay”).

(3) For the purposes of paragraph (2), “assumed pay” means an amount of pensionable earnings for the period in question based upon the annualised amount calculated in accordance with paragraph (4).

(4) For the purposes of paragraph (3), the amount of pensionable earnings that P receives in respect of a particular office is calculated as follows—

Z per annum, where:

where—

J means the total fee-paid income in respect of that particular office over the preceding three years, or, if less than three years, over the period since the first sitting day in that particular office;

“preceding three years” means the period of three years ending with the day before the period of assumed pay;

“period since the first sitting day in that particular office” means the period beginning with the first day in the particular office and ending with the day before the beginning of the period of assumed pay;

K means the lesser of—

3; or

the period in years (and a fraction of a year, determined by complete months) from the first sitting day in that particular office until the beginning of the period of assumed pay;

“complete month” includes an incomplete month that consists of at least 16 days; and

Z means the annualised total of fees from that particular office.

(5) The circumstances are—

(a) P is on sick leave on reduced pay;

(b) P is on adoption leave, maternity leave, parental leave, paternity leave , additional paternity leave or neonatal care leave ;

(c) P is receiving statutory pay; or

(d) P is on secondment to a different employer under an arrangement providing for P to continue to be an active member of this scheme in relation to P’s service although P is paid for by that employer.

(6) In this regulation, where P holds multiple assignments within the First-tier Tribunal or the Upper Tribunal, references to an office are to be taken as references to an assignment to a particular chamber.

Section 19 Meaning of “deferred member”

A person (P) becomes a deferred member of this scheme in relation to a continuous period of pensionable service under this scheme if—

(a) P ceases to be an active member of this scheme in relation to that period of service;

(b) P does not become a pensioner member of this scheme in relation to that period of service; and

(c) where P is not over normal pension age, P has at least two years’ qualifying service.

Section 20 Refund of all member contributions made by the member

(1) Member contributions made by the member are only refundable if—

(a) regulation 13 (opting out before the end of one month) applies; or

(b) the member ceases to be in pensionable service under this scheme and—

(i) the member has less than two years’ qualifying service; and

(ii) the member has not reached normal pension age under this scheme.

(2) If all member contributions made by the member are refunded under this regulation, the member’s rights under this scheme are extinguished.

(3) For the purposes of this regulation a refund of contributions may be made (at the election of the member)—

(a) by payment to the member; or

(b) by payment to a registered pension scheme.

Section 21 Calculation of “retirement index adjustment”

(1) The retirement index adjustment for an amount of accrued pension is—

where—

“ amount of accrued pension ” means an amount of any description of accrued pension;

“ retirement index percentage ” means the retirement index percentage calculated under paragraph (2).

(2) The retirement index percentage is—

where—

A means the in-service revaluation index that applies in relation to this scheme for the leaving year;

B is the number of complete months in the period between the beginning of the leaving year and the end of the relevant last day; and

“complete month” includes an incomplete month that consists of at least 16 days.

(3) In paragraph (2), “ in-service revaluation index ”, in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme.

Section 22 Determination of “the age addition”

(1) This regulation applies in relation to every scheme year in which an active member’s account is open that is subsequent to the scheme year in which the member reaches normal pension age under this scheme, other than—

(a) the scheme year in which the account is established under this Part; and

(b) the scheme year immediately following that.

(2) At the beginning of the scheme year the scheme manager having regard to actuarial guidance must determine the age addition to be awarded for that scheme year by reference to the opening balance of that account for the previous scheme year.

(3) In these Regulations, “the age addition” means an additional amount of pension determined by reference to the proportion of the previous scheme year in which a member had reached normal pension age under this scheme.

Section 23 Determination of “the assumed age addition”

(1) This regulation applies when a deferred member’s account, full retirement account or partial retirement account is established under this Part for a member who reaches normal pension age under this scheme at least one month before the relevant last day.

(2) For each description of accrued pension specified in the account, the scheme manager having regard to actuarial guidance must determine the assumed age addition to be awarded.

(3) In these Regulations, “the assumed age addition” means the age addition that would have been awarded for standard earned pension had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme.

Section 24 Calculation of amount of accrued standard earned pension for purpose of deferment or full retirement

(1) For the purpose of calculating the amount of full retirement pension or the provisional amount of deferred pension, the amount of accrued pension is an amount calculated in accordance with this regulation.

(2) The amount of accrued standard earned pension is the total of the following amounts specified in the active member’s account as at the end of the relevant last day—

(a) the sum of the opening balance of standard earned pension for the last active scheme year and the ... index adjustment for that opening balance;

(b) the amount of standard earned pension for the last active scheme year.

Section 25 Calculation of amount of accrued standard earned pension for purpose of partial retirement

(1) For the purpose of calculating the amount of partial retirement pension, the amount of accrued pension is an amount calculated in accordance with this regulation.

(2) The amount of accrued standard earned pension is the option proportion of the total of the following amounts specified in the active member’s account as at the end of the relevant last day—

(a) the sum of the opening balance of standard earned pension for the leaving year and the retirement index adjustment for that opening balance;

(b) the amount of standard earned pension for the leaving year.

Section 26 Establishment of pension accounts: general

(1) A pension account—

(a) may be kept in any form the scheme manager considers appropriate; and

(b) must specify the details required by these Regulations.

(2) References in these Regulations to any amount specified in a pension account are references to the amount that is required by these Regulations to be so specified and not, if different, the amount actually so specified.

Section 27 Closure and adjustment of pension accounts on transfer out

(1) Except as otherwise provided in this regulation, the scheme manager must close all pension accounts relating to a member of this scheme if—

(a) a transfer value payment is made in respect of the member’s accrued rights under this scheme; or

(b) all members’ contributions made by the member are refunded to the member under Part 9 (contributions).

(2) Paragraph (1) does not require the scheme manager to close an account that includes amounts to which the transfer value payment does not relate or is not attributable.

(3) An account that is not closed because of paragraph (2) must be adjusted as the scheme manager considers appropriate to reflect the extinguishment of rights under this scheme.

(4) Paragraph (1)(a) does not require the scheme manager to close a pension credit member’s account if the transfer value payment is made in respect of the accrued rights of a member who is both—

(a) a pension credit member of this scheme; and

(b) an active member, deferred member or pensioner member of this scheme.

Section 28 Application of Chapter

(1) This Chapter applies in relation to a continuous period of pensionable service under this scheme.

(2) For a person who is an active member of this scheme in relation to two or more continuous periods of pensionable service at the same time, this Chapter applies separately in relation to each of those periods of service.

Section 29 Establishment of active member’s account

(1) The scheme manager must establish a pension account for a member who is in pensionable service from the day on which the member begins pensionable service.

(2) For the purpose of these Regulations, an account established under paragraph (1) is called an active member’s account.

(3) Where a member holds multiple assignments within the First-tier Tribunal or the Upper Tribunal, the scheme manager must establish a pension account in respect of each assignment.

Section 30 Amount of pension for a scheme year

(1) This regulation applies in relation to every scheme year in which an active member’s account is open.

(2) The active member’s account must specify the amount of standard earned pension for the scheme year.

(3) The amount of earned pension for a scheme year is—

(a) in relation to a member exercising the option mentioned in regulation 105 (rate of member contributions), 2.42% of the member’s pensionable earnings for that year; and

(b) in relation to any other case, 2.5% of the member’s pensionable earnings for that year.

Section 31 Opening balance

(1) This regulation applies in relation to every scheme year in which an active member’s account is open other than the scheme year in which that account is established.

(2) The active member’s account must specify—

(a) the opening balance for the scheme year and the index adjustment for the opening balance; and

(b) if applicable, the age addition awarded at the beginning of the scheme year.

(3) In these Regulations, “opening balance”—

(a) for the scheme year immediately following the scheme year in which the active member’s account is established, means the amount of pension for the previous scheme year as at the end of the previous scheme year; and

(b) for any subsequent scheme year, means the sum of the following amounts—

(i) the opening balance of pension for the previous scheme year and the index adjustment for that opening balance;

(ii) the amount of pension for the previous scheme year as at the end of the previous scheme year; and

(iii) if applicable, the age addition awarded at the beginning of the previous scheme year.

Section 32 Closure of active member’s account

(1) The scheme manager must close an active member’s account in relation to a period of service when the scheme manager establishes in relation to that period of service—

(a) a deferred member’s account under regulation 34 (establishment of deferred member’s account); or

(b) a full retirement account under regulation 38 (establishment of full retirement account).

(2) The scheme manager must re-establish an active member’s account under this Chapter when the scheme manager closes a deferred member’s account under regulation 37 (closure of deferred member’s account after gap in pensionable service not exceeding 5 years).

Section 33 Application of Chapter

(1) This Chapter applies in relation to a continuous period of pensionable service under this scheme.

(2) For a person who is a deferred member of this scheme in relation to two or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

Section 34 Establishment of deferred member’s account

(1) This regulation applies when an active member of this scheme becomes a deferred member of this scheme.

(2) The scheme manager must—

(a) close the active member’s account for the period of service in relation to which the member becomes a deferred member; and

(b) establish a pension account for the deferred member for that period of service.

(3) For the purpose of these Regulations, an account established under paragraph (2)(b) is called a deferred member’s account.

Section 35 Provisional amount of deferred pension

(1) The deferred member’s account must specify the provisional amount of deferred pension.

(2) The provisional amount of deferred pension is the sum of—

(a) the amount of accrued standard earned pension calculated under regulation 24 (calculation of amount of accrued standard earned pension for purpose of deferment or full retirement) (“accrued amount”); and

(b) the assumed age addition (if any) for the accrued amount.

Section 36 Adjustment of provisional amount

(1) This regulation applies when a deferred member of this scheme in relation to a period of service becomes entitled to the immediate payment of a full retirement pension for that period of service.

(2) For the provisional amount of deferred pension, the deferred member’s account must specify—

(a) the late payment supplement (if any);

(b) the early payment reduction (if any);

(c) the commutation amount (if any); and

(d) the total allocation amount (if any).

Section 37 Closure of deferred member’s account after gap in pensionable service not exceeding 5 years

(1) This regulation applies when a deferred member of this scheme in relation to a continuous period of pensionable service re-enters pensionable service under this scheme after a gap in pensionable service not exceeding 5 years.

(2) The scheme manager must—

(a) close the deferred member’s account in relation to that period of service and treat the deferred member’s account as if it were never established;

(b) re-establish the active member’s account under Chapter 4 (active member’s account) in relation to that period of service; and

(c) make entries in the active member’s account as if, during the gap in pensionable service, the member—

(i) was in pensionable service under this scheme; but

(ii) received no pensionable earnings.

Section 38 Establishment of full retirement account

(1) This regulation applies in relation to a continuous period of pensionable service under this scheme.

(2) When an active member of this scheme becomes entitled to the immediate payment of a full retirement pension or an ill-health pension in relation to a continuous period of pensionable service under this scheme, the scheme manager must—

(a) close the active member’s account (or accounts, as the case may be) for that continuous period of pensionable service; and

(b) establish an account (or accounts, as the case may be) for the pensioner member for that period of service.

(3) When an active member of this scheme exercises the partial retirement option in respect of the whole of the member’s accrued pensions in one of their offices in relation to a continuous period of service and becomes entitled to the immediate payment of a full retirement pension in respect of the office or offices in which they are taking partial retirement, the scheme manager must—

(a) close the active member’s account (or accounts, as the case may be) for the period of earlier service;

(b) establish an account (or accounts, as the case may be) for the pensioner member for that period of earlier service; and

(c) establish a new active member’s account (or accounts, as the case may be) under Chapter 4 (active member’s account) for the member’s continuing service as if the first day of pensionable service is the day after the option date.

(4) For the purpose of these Regulations, an account established for a member under paragraph (2)(b) or (3)(b) is called a full retirement account.

(5) In this regulation—

“continuing service” means pensionable service that continues in accordance with regulation 49(2) (exercise of partial retirement option) from the option date;

“option date” means the date on which the partial retirement option is exercised and the member becomes entitled to the immediate payment of a full retirement pension; and

“period of earlier service” means the continuous period of pensionable service ending on the option date.

Section 39 Amount of full retirement pension

(1) A full retirement account under regulation 38(4) must specify the amount of full retirement pension.

(2) The amount of full retirement pension is the sum of—

(a) the amount of the accrued standard earned pension calculated under regulation 24 (“accrued amount”); ...

(b) the assumed age addition (if any) for the accrued amount ; and

(c) the retirement index adjustment for the accrued amount .

(3) The full retirement account must specify—

(a) the early payment reduction (if any);

(b) the commutation amount (if any); and

(c) the total allocation amount (if any).

Section 40 Establishment of partial retirement account

(1) This regulation applies if an active member of this scheme (P) in relation to a continuous period of pensionable service in respect of a particular office—

(a) exercises the partial retirement option in respect of part only of P’s accrued pensions for that period of service; and

(b) becomes entitled under regulation 51(a) (entitlement to partial retirement pension or full retirement pension) to the immediate payment of a partial retirement pension for that period of service.

(2) The scheme manager must—

(a) establish a pensioner member’s account (“the partial retirement account”) for that period of service; and

(b) adjust P’s active member’s account in accordance with paragraph (3) .

(3) The amount of accrued pension for which a partial retirement option notice specifies an option proportion is reduced by that option proportion.

(4) After that adjustment, Chapter 4 (active member’s account) applies in relation to P as if the amount of accrued pension for which a partial retirement option notice specifies an option proportion had always been reduced by that option proportion.

(5) In this regulation, “partial retirement option notice” means an option notice under regulation 50 (partial retirement option notice).

(6) Where P exercises a partial retirement option under paragraph (1)(a) in respect of a First-tier Tribunal or Upper Tribunal office in which P holds multiple assignments (and therefore multiple accounts in accordance with regulation 29(3) (establishment of active member’s account)), paragraph (2) applies in respect of each account held.

Section 41 Amount of partial retirement pension

(1) Any partial retirement account must specify the amount of partial retirement pension.

(2) The amount of partial retirement pension is the sum of—

(a) the amount of accrued standard earned pension calculated under regulation 24 (accrued amount); and

(b) the assumed age addition (if any) for the accrued amount.

(3) The partial retirement account must specify—

(a) the early payment reduction (if any);

(b) the commutation amount (if any); and

(c) the total allocation amount (if any).

Section 42 Establishment of pension credit member’s account

(1) The scheme manager must establish a pension account for each pension credit member of this scheme (“the pension credit member’s account”).

(2) If a pension credit is derived from two or more pension debit members, the scheme manager must establish a pension credit member’s account in relation to each pension debit member.

(3) The pension credit member’s account must specify the amount of credited pension.

(4) On the establishment of the pension credit member’s account, the accounts established under this Part for the pension debit member must be reduced by the relevant amount.

(5) In this regulation—

“relevant amount” is the amount that the scheme manager, after consultation with the scheme actuary, considers appropriate having regard to—

the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 1993 had this scheme been a funded occupational pension scheme in respect of the pension credit member’s right to benefits under this scheme attributable (directly or indirectly) to the pension credit; and

the provisions of sections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.

Section 43 Other pension accounts

If a pension credit member of this scheme is also an active member, deferred member or pensioner member of this scheme, the scheme manager must establish a pension credit member’s account in addition to any other account established for the member under this Part.

Section 44 Application of Part

This Part applies in relation to retirement benefits payable in respect of a continuous period of pensionable service under this scheme.

Section 45 Qualifying service

(1) In these Regulations, “qualifying service” means the total of—

(a) any continuous period of pensionable service under this scheme;

(b) for a transition member with continuity of service, the member’s pensionable service under a pre-2022 scheme before the transition date for that member.

(2) None of the following counts as qualifying service—

(a) any pensionable service under this scheme in respect of which a person’s rights under this scheme are extinguished;

(b) any pensionable service under a pre-2022 scheme in respect of which a person’s rights under that scheme are extinguished;

(c) any unauthorised absence from qualifying judicial office.

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

Section 46 Entitlement to full retirement pension

(1) A member of this scheme (P) is entitled to the immediate payment for life of a full retirement pension if—

(a) P has reached normal minimum pension age;

(b) subject to sub-paragraph (3), has ceased to be in qualifying judicial office; and

(c) P has claimed payment of a full retirement pension.

(2) But if P has not reached normal pension age under this scheme, P is not so entitled unless P has at least two years’ qualifying service.

(3) Where P exercises a partial retirement option under regulation 49(2) (exercise of partial retirement option), P is entitled to a full retirement pension under paragraph (1) in respect of the particular office or offices for which the option is being exercised, notwithstanding that P remains in qualifying judicial office.

(4) The claim for payment of a full retirement pension may only be made by notice to the scheme manager in a form required by the scheme manager.

(5) Where P resumes service in qualifying judicial office, this will not affect any entitlement under this regulation.

Section 47 Annual rate of full retirement pension (active members)

(1) This regulation applies when an active member of this scheme becomes entitled to the immediate payment of a full retirement pension in respect of a particular office.

(2) The annual rate of a full retirement pension payable to the member is calculated by—

(a) taking the amount of that full retirement pension specified in the full retirement account;

(b) subtracting the early payment reduction (if any) specified in that account in relation to that amount;

(c) subtracting the commutation amount (if any) specified in that account in relation to that amount; and

(d) subtracting the total allocation amount (if any) specified in that account in relation to that amount.

(3) Where a member holds multiple accounts in respect of multiple assignments within the First-tier Tribunal or the Upper Tribunal, paragraph (2) applies in respect of each account held.

Section 48 Annual rate of full retirement pension (deferred members)

(1) This regulation applies when a deferred member of this scheme becomes entitled to the immediate payment of a full retirement pension in respect of a particular office.

(2) The annual rate of full retirement pension payable to the member is calculated by—

(a) taking the provisional amount of deferred pension specified in the deferred member’s account;

(b) adding the late payment supplement (if any) specified in that account in relation to that provisional amount;

(c) subtracting the early payment reduction (if any) specified in that account in relation to that amount;

(d) subtracting the commutation amount (if any) specified in that account in relation to that amount; and

(e) subtracting the total allocation amount (if any) specified in that account in relation to that amount.

(3) Where a member holds multiple accounts in respect of multiple assignments within the First-tier Tribunal or the Upper Tribunal, paragraph (2) applies in respect of each account held.

Section 49 Exercise of partial retirement option

(1) This regulation applies if—

(a) a person (P) is an active member of this scheme in relation to a continuous period of pensionable service;

(b) P has reached normal minimum pension age;

(c) the terms of P’s appointment have changed and as a result of that change the amount of P’s annual pensionable earnings in respect of service in a particular office is reduced to 80% of the amount before the change or less; and

(d) P would be entitled to the immediate payment of a full retirement pension if P left pensionable service and claimed payment of the pension in respect of that particular office.

(2) P may opt to continue in pensionable service but claim payment of the whole or part only of P’s accrued pensions in respect of a particular office for the continuous period of pensionable service before P’s pensionable earnings were reduced (“partial retirement option”).

(3) P may not exercise a partial retirement option more than once in respect of a particular judicial office.

(4) Where P holds more than one judicial office—

(a) P may exercise a partial retirement option separately in relation to each office held; and

(b) P may only access the pension accrued in relation to the particular office or offices in respect of which P is exercising the partial retirement option.

(5) For the purposes of calculating P’s annual pensionable earnings in relation to paragraph (1)(c) where P is a fee-paid office holder, the amount of pensionable earnings that P receives in respect of a particular office is calculated as follows—

Z per annum, where:

where—

J means the total fee-paid income in respect of that office over the preceding three years, or, if less than three years, over the period since P was first appointed to that office;

K means the lesser of—

3; or

the period in years (and a fraction of a year, determined by complete months) from the first sitting day in that particular office until the date of partial retirement;

“complete month” includes an incomplete month that consists of at least 16 days; and

Z means the annualised total of fees from that particular office.

(6) Where P holds multiple assignments within the First-tier Tribunal or the Upper Tribunal—

(a) the reduction in earnings in paragraph (1)(c) refers to service in each chamber of the relevant tribunal; and

(b) in paragraph (5) references to an office are to be taken as references to an assignment to a tribunal chamber.