The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023

• Citation: S.I. 2023/403
• Sections: 99

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 and come into force on 1st April 2023.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017

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

Section 3 Amendment of regulation 2

In regulation 2(1)—

(a) in the definition of “the 2017 schemes”, for “and the JASAPS” substitute “, the JASAPS and the FPJABS” ;

(b) after the definition of “the 2017 schemes” insert—

“ the FPJABS ” means the Fee-Paid Judicial Added Benefits Scheme constituted by Part 14A ;

(c) after the definition of “the JASAPS” insert—

“ JUPRA service ” means service in a qualifying judicial office as defined in section 1(6) of the Judicial Pensions and Retirement Act 1993;

“ the pre-1995 provisions ” means the provisions for the calculation of benefits contained in Part 2B;

“ the post-1995 provisions ” means the provisions for the calculation of benefits contained in Parts 3 and 6;

(d) after the definition of “the administrators” insert—

“ the amendment day ” means 1st April 2023;

(e) for the definition of “normal pension age” substitute—

“ normal pension age ” means (except in Part 11)—

for an office in relation to which pension benefits are calculated under the pre-1995 provisions—

for an office listed in Table 1 in Schedule 1, age 70 or the age at which the person has completed 15 years of qualifying judicial service, whichever is earlier,

for an office listed in Table 2 or Table 3 in Schedule 1, apart from those offices listed in sub-paragraph (iii) of this definition, age 65 or the age at which the person has completed 2 years of qualifying judicial service, whichever is later,

for the offices of Deputy Circuit Judge, Recorder, Assistant Recorder, Employment Tribunal Chairman and Temporary Judge of the Employment Tribunal (when a legal qualification is a requirement of appointment), age 65, or

for an office in relation to which pension benefits are calculated under the post-1995 provisions, age 65, or the age at which the person has completed 5 years of qualifying judicial service, whichever is later;

(f) after the definition of “retires” insert—

“ service credit day ” has the meaning given in regulation 4(3A);

“ service credit day multiplier ” means 0.67 where the relevant office is that of Deputy Adjudicator HM Land Registry, and otherwise—

0.5 where the member’s appointment to a relevant office is before 1 October 2002, and

0.53 where the member’s appointment to a relevant office is on or after 1 October 2002;

“ service limitation date ” in relation to an office means a date specified in Schedule 1 in relation to that office after which service may count as qualifying fee-paid service;

(g) omit the definitions of “surviving adult”, “surviving adult’s pension”, “surviving civil partner” and “surviving spouse”.

Section 4 Amendment of regulation 3

In regulation 3(1)(a), for “the Schedule” substitute “any of the tables in Schedule 1” .

Section 5 Amendment of regulation 4

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.

Section 6 Amendment of regulation 5

In regulation 5—

(a) in paragraph (1)(b) for “column 2 of the Schedule” substitute “column 2 of the appropriate table in Schedule 1” ;

(b) in paragraph (8), in Step 2, for the words from “with the next highest” to “lower appropriate annual salary” substitute “whose inclusion would result in a higher annual rate of pension per year of reckonable service taken into account before judicial offices whose inclusion would result in a lower annual rate of pension per year of reckonable service taken into account” ;

(c) for paragraph (12) substitute—

(12) For the purposes of paragraphs (10)(b)(i) and (11)(b)(i)—

(a) the aggregate length of P’s reckonable service in the eligible fee-paid judicial offices is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply; and

(b) for any office which is specified in Tables 1 or 2 of Schedule 1 in relation to which benefits are to be calculated under the pre-1995 provisions, the following reckonable service in that office is to be multiplied by 20 and divided by 15 to give the amount of P’s reckonable service in that office—

(i) any reckonable service in relation to which benefits are to be calculated under the pre-1995 provisions,

(ii) any reckonable service before the date P had a new appointment as that term is defined in regulation 11B(2), and

(iii) any reckonable service before the date a notice under regulation 11C has effect.

(d) in paragraph (13), for the words from “with a higher appropriate annual salary” to the end, substitute “which result in a higher annual rate of pension per year of reckonable service taken into account is to be taken into account before P’s reckonable service in judicial offices which result in a lower annual rate of pension per year of reckonable service taken into account” .

Section 7 Amendment of regulation 6

In regulation 6(2), after sub-paragraph (a) insert—

(aa) it does not matter whether P holds a judicial office on or before any service limitation date applicable to that office;

Section 8 Amendment of regulation 7

In regulation 7—

(a) in paragraph (2)(b), for “the Schedule” substitute “the appropriate table in Schedule 1” ;

(b) in paragraph (3), in the opening words, after “salaried judicial office” insert “and benefits are to be calculated under the post-1995 provisions” ;

(c) after paragraph (3) insert—

(3A) Where the relevant judicial office is a salaried judicial office and benefits are to be calculated under the pre-1995 provisions, the references are to the last annual salary as that expression applies for the purposes of the Judicial Pensions Act 1981 .

Section 9 Amendment of regulation 8

In regulation 8—

(a) for paragraph (1) substitute—

(1) A person who held judicial office on or after 7th April 2000 (“ P ”), is a member of the principal scheme if P held a fee-paid judicial office at any time before the first relevant date and—

(a) P continued to hold judicial office on the second relevant date;

(b) P ceased to hold judicial office before the second relevant date and condition A is met; or

(c) P died before the second relevant date without having ceased to hold judicial office and condition B is met.

(b) in paragraph (4)—

(i) in the opening words—

(aa) omit “fee-paid”,

(bb) before “relevant date”, in both places, insert “second” ,

(ii) in sub-paragraph (b), in the first place it occurs, for “that office”, substitute “the fee-paid judicial office” ;

(c) omit paragraphs (5) and (6);

(d) for paragraph (7), substitute—

(7) For the purposes of this regulation—

“the first relevant date” is—

1st April 2022 where P—

held a judicial office on 31st March 2012 and on 31st March 2015 and made an election under section 40 of the Public Service Pensions and Judicial Offices Act 2022 , or

was excluded from being an active member of the scheme established by the Judicial Pensions Regulations 2015 because regulation 14(4)(a) of those Regulations (protected member of existing scheme) applied to P, or

1st April 2015 in any other case;

“the second relevant date” is—

1st February 2013 where P only held a fee-paid judicial office—

whose jurisdiction is exercised exclusively in relation to Northern Ireland, and

which is not one of the offices referred to in paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 , or

2nd December 2012 in all other cases.

Section 10 Amendment of regulation 9

In regulation 9—

(a) after paragraph (2) insert—

(2A) If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member.

(b) in paragraph (3)(c), at the end insert “or a service credit day” .

Section 11 Amendment of regulation 10

In regulation 10, after paragraph (1) insert—

(1A) A person with any liability to pay contributions for any period before 7th April 2000 as a consequence of amendments made to these Regulations coming into effect on 1st April 2023, may opt out in relation to all or part of that period by sending a notice to the appropriate Minister on or before 31st October 2023.

Section 12 Determination of applicable provisions to calculate benefits

After regulation 11 (opting back in) insert—

Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions

Calculation of retirement benefits

(11A)

(1) Retirement benefits, death benefits and associated contributions for a member (“ P ”) in relation to an eligible fee-paid judicial office must be calculated under the post-1995 provisions, unless P meets the conditions in regulation 11B in relation to that office.

(2) Where benefits in relation to an eligible fee-paid judicial office have been paid to or in respect of P before the amendment day, and those benefits would have been calculated under the pre-1995 provisions if paragraph (1) had been in force on the date of P’s retirement or death, benefits and contributions in relation to that office must be re-calculated under the pre-1995 provisions.

Conditions for retirement benefits and death benefits to be calculated under Part 2B

(11B)

(1) Retirement benefits, death benefits and associated contributions for P in relation to an eligible fee-paid judicial office which is listed in Table 1, 2 or 3 of Schedule 1 (the “relevant office”) are to be calculated under the pre-1995 provisions where P first held the relevant office before 31st March 1995, and also held judicial office on or after 31st March 1995, but P did not have a new appointment on or after 31st March 1995.

(2) P has a “ new appointment ” in relation to a relevant office upon appointment to another judicial office in place of that relevant office or, if after ceasing to hold the relevant office, P is appointed to another judicial office and in either case that other office is—

(a) a salaried office; or

(b) an eligible fee-paid judicial office with a different pre-1995 judicial pension scheme.

(3) For the purposes of paragraph (2)(b), an eligible fee-paid office has a different pre-1995 judicial pension scheme to the pre-1995 judicial pension scheme of another eligible fee-paid judicial office if it is specified in a different table in Schedule 1 and is not specified in Table 4 in that Schedule.

(4) This regulation is subject to any election under regulation 11C made by P in relation to the relevant office.

Elections available to members

(11C)

(1) If the conditions in regulation 11B are met, P, or if P has died, P’s personal representative, may nevertheless elect for benefits in relation to the relevant office which would otherwise be calculated under the pre-1995 provisions to be calculated under the post-1995 provisions, by sending a notice to the appropriate Minister.

(2) A notice under this regulation—

(a) must be in the form determined by the appropriate Minister;

(b) must be received by the appropriate Minister within the period of 12 months beginning with the day on which P retires or dies, or, if P has retired or died before this regulation came into force, within the period of 12 months beginning with the amendment day;

(c) has effect the day it is received; and

(d) is irrevocable.

Benefits calculated under both the pre-1995 provisions and the post-1995 provisions

(11D)

(1) Where either or both of paragraphs (2) or (3) apply to P, P’s benefits must be calculated under the pre-1995 provisions and the post-1995 provisions respectively and aggregated.

(2) P has benefits relating to more than one eligible fee-paid judicial office in relation to which benefits are to be calculated under the pre-1995 provisions and has made an election under regulation 11C for benefits in relation to one or more, but not all, of those offices to be calculated under the post-1995 provisions.

(3) P has benefits relating to more than one eligible fee-paid judicial office and regulation 11B applies in respect of one or more, but not all, of those offices.

Pre-1995 Provisions

Retirement Benefits

Retirement at or after normal pension age: entitlement to ordinary pension

(11E)

(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under the pre-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires; and

(b) on the day on which P retires, P—

(i) has reached normal pension age for a relevant office, and

(ii) has accrued reckonable service in relation to that office.

(2) On the pension start day, P becomes entitled to the payment for life of a pension.

(3) In this regulation “ the pension start day ” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of ordinary pension

(11F)

(1) The annual rate of a pension to which P becomes entitled under regulation 11E is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

where—

R is P’s reckonable service in the relevant office

JS is the number of years of qualifying judicial service that P has subject to a maximum of—

15 years for an office specified in Table 1 or 2 in Schedule 1, or

20 years for an office specified in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service

S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not at any time before retirement hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3) in relation to each relevant office.

Step 2

Add together the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

P held that office (and held no other judicial office) immediately before retirement.

Step 2

Determine the annual rate under paragraph (3) in relation to any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age on removal from judicial office: entitlement to reduced pension

(11G)

(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires by virtue of having been removed from all judicial offices held by P;

(b) on the day on which P retires, P has not reached normal pension age for one or more relevant offices; and

(c) the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme in relation to the relevant offices be given immediate effect.

(2) The administrators must notify P of the recommendation under paragraph (1)(c).

(3) If P elects in writing to the administrators within 3 months of receiving the notice referred to in paragraph (2), that P wishes to receive benefits under this regulation—

(a) P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of the relevant offices; and

(b) P also becomes entitled, on that day, to the amount P would have been entitled to in respect of the relevant offices if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

(4) In this regulation “ the pension start day ” means—

(a) the day after the day on which P retires; or

(b) if later, the amendment day.

Annual rate of reduced pension

(11H)

(1) The annual rate of a pension to which a member (“ P ”) becomes entitled under regulation 11G is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

where—

R is P’s reckonable service in the relevant office

JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

15 years for offices specified in Tables 1 and 2 in Schedule 1, and

20 years for offices specified in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service

S is the appropriate annual salary of the judicial office held by P immediately before retirement

A is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday preceding the day on which P retires

B is the number of days in the period beginning with P’s birthday preceding the day on which P retires and ending with the day on which P retires

C is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday following the day on which P retires.

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3) in relation to each relevant office.

Step 2

Add together each of the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office as if—

that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

P held that office (and held no other judicial office) immediately before retirement.

Step 2

Determine the annual rate under paragraph (3), in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement under normal pension age: entitlement to preserved pension

(11I)

(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where—

(a) P retires;

(b) if P retires by virtue of having been removed from all judicial offices held by P and the appropriate Minister makes a recommendation under regulation 11G(1)(c), P does not make an election under regulation 11G(3); and

(c) on the day on which P retires, P—

(i) has not reached normal pension age for a relevant office, and

(ii) has at least 2 years’ qualifying judicial service.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant office.

(3) In this regulation “ the pension start day ” means—

(a) the day on which P—

(i) reaches the normal pension age for the relevant office, or

(ii) (if later) would have completed the requirement for qualifying judicial service in relation to the relevant office, if P had continued to hold a judicial office; or

(b) if later, the amendment day.

Annual rate of preserved pension

(11J)

(1) The annual rate of preserved pension to which a member (“ P ”) is entitled under regulation 11I is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a) P has reckonable service in one or more eligible fee-paid judicial offices; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(3) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate in relation to each relevant office in accordance with the following formula—

where—

N is the reckonable service which P accrued, in the relevant office, before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

15 years for offices in Tables 1 or 2 in Schedule 1, and

20 years for offices in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service as if P had continued to hold that office until the date on which P reaches the normal pension age applicable for that office, subject to a maximum of—

15 years for offices in Tables 1 or 2 in Schedule 1, and

20 years for offices in Table 3 in Schedule 1

S is the appropriate annual salary of the judicial office held by P immediately before retirement

Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met

Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age for the relevant office.

Step 2

Add together the annual rates determined under Step 1.

(4) Paragraph (5) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

P held that office (and held no other judicial office) immediately before retirement.

Step 2

Determine the annual rate under paragraph (3) of this regulation in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

Add together each of the rates determined under Steps 1 and 2.

(6) Paragraph (7) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no judicial office other than office A.

(7) For the purposes of paragraph (5)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

Retirement due to ill-health: entitlement to ill-health ordinary pension

(11K)

(1) This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where P retires and the ill-health certification condition is met in relation to P.

(2) On the pension start day, P becomes entitled to the payment for life of a pension in respect of any relevant offices.

(3) In this regulation “ the pension start day ” means—

(a) the day after that on which P retires; or

(b) if later, the amendment day.

(4) It is not material whether P has reached the normal pension age or met any requirement for qualifying judicial service in relation to a relevant office.

(5) Where apart from this paragraph, P would be entitled to—

(a) a pension under this regulation; and

(b) a pension under—

(i) regulation 11G (retirement under normal pension age on removal from judicial office), or

(ii) regulation 11I (retirement under normal pension age: entitlement to preserved pension)

P is not entitled to any pension mentioned in sub-paragraph (b).

Annual rate of ill-health ordinary pension

(11L) Regulation 11F applies in relation to the annual rate of pension to which a person is entitled under regulation 11K as it applies in relation to the annual rate of pension to which a person is entitled under regulation 11E.

Times at which pension under this Part is payable

(11M) A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Lump sum: entitlement and amount

(11N)

(1) This regulation applies where a member (“ P ”) retires on or after the amendment day and becomes entitled to the payment of a pension under this Part.

(2) At the time P becomes entitled to the payment of a pension, P becomes entitled to a lump sum of twice the annual rate of pension payable to P under this Part.

Multiple retirements

(11O) Regulation 26 applies to a member whose benefits are calculated under this Part, who retires and subsequently resumes judicial office, as it applies to a member whose benefits are calculated under Part 3.

Death Benefits

Interpretation

(11P) In this Chapter—

“ surviving adult ”, in relation to a deceased member (“ P ”), means P’s surviving spouse or surviving civil partner;

“ surviving spouse ”, in relation to P, means a person who—

was married to P on the date of P’s death, and

if P retired before death, entered into the marriage before P retired;

“ surviving civil partner ”, in relation to P, means a person who—

was in a civil partnership with P on the date of P’s death, and

if P retired before death, entered into the civil partnership before P retired;

“ surviving adult’s pension ” means a pension payable to a surviving adult under this Chapter.

Entitlement to surviving adult’s pension

(11Q)

(1) This regulation applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving a surviving adult.

(2) On the pension start day, the surviving adult becomes entitled to the payment for life of a pension.

(3) For the purposes of paragraph (2) the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld.

(5) The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed.

Annual rate of surviving adult’s pension

(11R)

(1) The annual rate of a pension to which a person becomes entitled under regulation 11Q is equal to one half of the rate of the pension of the deceased member ( “P” ).

(2) For the purposes of this regulation the rate of P’s pension is determined as follows.

(3) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(4) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(5) Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day.

(6) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Annual rate of surviving adult’s pension: special provision for surviving civil partners

(11S)

(1) Paragraph (2) applies where—

(a) the surviving civil partner in relation to a member (“ P ”) becomes entitled to a pension under regulation 11Q;

(b) P held a judicial office before, and on, 5th December 2005; and

(c) P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner’s pension under regulation 11R should be calculated as if P first held a judicial office on 5th December 2005.

(2) The rate of P’s pension, for the purposes of regulation 11R, is to be determined on the basis that P first held a judicial office on 5th December 2005.

(3) In this regulation “ the relevant day ” means—

(a) the amendment day; or

(b) if later, the day on which the civil partnership is entered into.

(4) An election under this regulation is irrevocable.

Payment of a surviving adult’s pension

(11T) A surviving adult’s pension is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

Entitlement to an eligible child’s pension

(11U)

(1) This regulation applies if a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving one or more eligible children.

(2) On the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension.

(3) In this regulation, the “ pension start day ” means—

(a) the day after the day on which P dies; or

(b) if later, the amendment day.

(4) In this regulation, the “ relevant person ” means such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons.

Annual rate of eligible child’s pension

(11V)

(1) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies without leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P’s pension;

(b) in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P’s pension.

(2) The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P’s pension;

(b) in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P’s pension;

(c) in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P’s pension;

(d) in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P’s pension.

(3) The Treasury may direct, where the deceased member leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner.

(4) The Treasury may, at any time, cancel a direction given under paragraph (3).

(5) For the purposes of this regulation the “rate of P’s pension” is determined as follows.

(6) Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died.

(7) Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired; and

(b) the ill-health certification condition were met in relation to P.

(8) Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day.

(9) Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if—

(a) on the day on which P died, P had not died but had instead retired;

(b) the ill-health certification condition were met in relation to P; and

(c) P were still alive on the amendment day.

Payment and application of an eligible child’s pension

(11W)

(1) A pension to which a person is entitled under regulation 11U is payable at such intervals, not exceeding 3 months, as the Treasury may determine.

(2) A person to whom a pension or part of a pension under regulation 11U is paid must apply the pension for the benefit of—

(a) all eligible children of the deceased member; or

(b) such eligible children of the deceased member as the Treasury may direct.

Lump sum on death: death in service

(11X)

(1) Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies without having retired.

(2) Unless a lump sum is payable on P’s death under any provision of—

(a) the Judicial Pensions Act 1981;

(b) the Judicial Pensions and Retirement Act 1993;

(c) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 ; or

(d) a scheme under section 1 of the Public Service Pensions Act 2013 ,

on the day after that on which P dies, the relevant person becomes entitled to a lump sum.

(3) The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9) (whichever applies).

(4) Paragraph (5) applies where, on P’s death, P has reckonable service in only one eligible fee- paid judicial office which is a relevant office.

(5) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of the office if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service, expressed in years and any fraction of a year.

(6) Paragraph (7) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously.

(7) The amount of the lump sum is the greater of—

(a) twice the annual pension that P would have received in respect of any relevant offices if P had retired on ill-health grounds on the day of P’s death; and

(b) a sum determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service expressed in years and any fraction of a year.

(8) Paragraph (9) applies where—

(a) on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before death, P held two or more eligible fee-paid judicial offices simultaneously.

(9) The amount of the lump sum in respect of any relevant offices is determined by taking the following steps—

Step 1

Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously with another eligible fee-paid office, as if that office were the only eligible fee-paid relevant office held by P.

Step 2

Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid office and, for these purposes, in paragraph (7)(b), S is—

where P held a single eligible fee-paid judicial office immediately before P’s death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P’s death;

where P held more than one eligible fee-paid judicial office immediately before P’s death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P’s death.

Step 3

Add together each of the lump sums determined under Step 1 and the lump sum determined under Step 2.

(10) Paragraph (11) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(11) For the purposes of paragraph (9)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.

(12) In this regulation “ the relevant person ” means—

(a) the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or

(b) in default of such nomination, P’s personal representatives, on behalf of P’s estate.

Lump sum on death: death after retirement of member with preserved pension

(11Y)

(1) Paragraph (2) applies if—

(a) a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member; and

(c) if P had not died P would, on reaching normal pension age for one or more relevant offices, have become entitled to a pension under regulation 11I.

(2) On the day after that on which P dies, P’s personal representatives become entitled to a lump sum on behalf of P’s estate.

(3) The amount of the lump sum is twice the notional annual rate of pension determined in accordance with regulation 11J as though P had reached normal pension age for each relevant office on the day P died.

Lump sum on death: death soon after retirement of member entitled to pension

(11Z)

(1) Paragraph (2) applies if—

(a) a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each a “relevant office”), dies having retired;

(b) where P retires on or after the amendment day, P is not, on retirement, an opted-out member;

(c) immediately before death, P was entitled to the payment of a pension under this Part in respect of the relevant offices; and

(d) the total benefits received are less than the minimum benefits amount.

(2) On the day after that on which P dies, P’s personal representatives become entitled on behalf of P’s estate to a lump sum equal to the difference between the total benefits received in respect of the relevant offices and the minimum benefits amount.

(3) In this regulation “ the total benefits received ” means the amount determined in accordance with the following formula—

where—

A is the interim amendments payments amount (if any) in relation to P in respect of the relevant offices

B is the amount (if any) payable to P where no, or an insufficient interim amendments payments amount has been made in respect of the relevant offices

C is the total of the sums paid or payable to P under this Part on account of the pension (including any increases under the Pensions (Increase) Act 1971 ), and by way of lump sum in respect of the relevant offices, in relation to the period after the amendment day

D is the amount (if any) payable by P where an excess interim amendments payments amount has been made in respect of the relevant offices.

(4) In this regulation—

“ interim amendments payments amount ” has the same meaning as in Part 3 of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023;

“ the minimum benefits amount ” means the amount the relevant person would have been entitled to under regulation 11X if P had died without retiring.

Section 13 Insertion of new regulation 11Z1

In Part 3, in the Part-heading preceding regulation 12, at the end insert “: Post-1995 Provisions” and before that regulation insert—

Application and interpretation of Part 3

(11Z1)

(1) This Part applies to the calculation of benefits for a member (“ P ”) in respect of one or more eligible fee-paid judicial offices where in accordance with regulation 11A, those benefits are to be calculated under the post-1995 provisions.

(2) In this Part, each of the offices described in paragraph (1) is referred to as a “ relevant office ”.

Section 14 Amendment of regulation 12

In regulation 12—

(a) in paragraph (1)—

(i) in the opening words, after “applies” insert “in respect of one or more relevant offices” ,

(ii) in sub-paragraph (a), for “a member (“ P ”)” substitute “P” ,

(iii) in sub-paragraph (b)(iii) for “an eligible fee-paid judicial” substitute “the relevant” ;

(b) in paragraph (2), for “the pension start” substitute “a pension start” ;

(c) for paragraph (3), substitute—

(3) In this regulation “ pension start day ” means—

(a) in respect of pension payable in respect of qualifying fee-paid service on or after 7 April 2000—

(i) the day after that on which P retires, or

(ii) if later, the commencement day;

(b) in respect of pension payable in respect of qualifying fee-paid service before 7 April 2000—

(i) the day after that on which P retires, or

(ii) if later, the amendment day.

Section 15 Amendment of regulation 13

In regulation 13—

(a) in paragraph (1), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (2), for “(“the relevant office”)” substitute “which is a relevant office” ;

(c) in paragraph (5)—

(i) in the opening words, after “rate” insert “for any relevant offices” ,

(ii) in sub-paragraph (a), for “eligible fee-paid judicial” substitute “relevant” ;

(d) in paragraph (6)—

(i) in sub-paragraph (a), omit “(“the relevant offices”)”,

(ii) in sub-paragraph (b), for “relevant” substitute “eligible fee-paid judicial” ;

(e) in paragraph (7)—

(i) in the opening words, after “rate” insert “for any relevant offices” ,

(ii) in Step 1, after “simultaneously” insert “with another eligible fee-paid judicial office” ,

(iii) in Step 2, in the opening words, for “in relation to those relevant offices which P did not hold simultaneously with another relevant office” substitute “for any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office” ;

(f) in paragraph (8)(a), for “an eligible fee-paid judicial” substitute “a relevant” .

Section 16 Amendment of regulation 14

In regulation 14—

(a) in paragraph (1)(a), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (2), at the end insert “in respect of any relevant offices” .

Section 17 Amendment of regulation 15

In regulation 15—

(a) in paragraph (1)(a), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (3)—

(i) in sub-paragraph (a), after “pension” insert “in respect of any relevant offices” ,

(ii) in sub-paragraph (b), after “pension” insert “in respect of any relevant offices” .

Section 18 Amendment of regulation 16

In regulation 16—

(a) in paragraph (1), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (2), for “(“the relevant office”)” substitute “which is a relevant office” ;

(c) in paragraph (3), for the formula, substitute—

(d) in paragraph (5)—

(i) in the opening words, after “annual rate” insert “for any relevant offices” ,

(ii) in the definition of “AR” in sub-paragraph (a), for “eligible fee-paid judicial” substitute “relevant” ;

(e) in paragraph (6)—

(i) in sub-paragraph (a), omit “(“the relevant offices”)”,

(ii) in sub-paragraph (b), for “relevant” substitute “eligible fee-paid judicial” ;

(f) in paragraph (7)—

(i) in the opening words, after “rate” insert “for any relevant offices” ,

(ii) in Step 1, in the opening words, after “simultaneously” insert “with another eligible fee-paid judicial office” ,

(iii) in Step 2, in the opening words, after “with another” insert “eligible fee-paid” ;

(g) in paragraph (9)(a), for “an eligible fee-paid judicial” substitute “a relevant” .

Section 19 Amendment of regulation 17

In regulation 17—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “a member (“ P ”)” substitute “P” ,

(ii) in sub-paragraph (c)(i), at the end insert “for one or more relevant offices” ;

(b) in paragraph (2), at the end insert “in respect of the relevant offices” .

Section 20 Amendment of regulation 18

In regulation 18—

(a) in paragraph (1), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (3)—

(i) in the opening words, after “rate” insert “for any relevant office” ,

(ii) in sub-paragraph (a), in the definition of “R”—

(aa) after “able to accrue” insert “in the relevant offices” ,

(bb) for “in eligible fee-paid judicial office” substitute “to hold those offices” ,

(cc) in paragraph (i), in the definition of “N”, after “accrued” insert “in the relevant offices” ;

(c) in paragraph (4)—

(i) in sub-paragraph (a), omit “(“the relevant offices”)”,

(ii) in sub-paragraph (b) for “relevant” substitute “eligible fee-paid judicial” ;

(d) for paragraph (5) substitute—

(5) The annual rate for any relevant office is determined by taking the following steps—

Step 1

Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if—

that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

P held that office (and held no other judicial office) immediately before retirement.

Step 2

Determine the annual rate under paragraph (3) of this regulation in relation to those relevant offices which P did not hold simultaneously with another fee-paid judicial office, and for these purposes, in paragraph (3)(b), S is—

where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

Add together the rate determined under Step 1 and each of the rates determined under Step 2.

(e) in paragraph (6)(a), for “an eligible fee-paid judicial” substitute “a relevant” .

Section 21 Amendment of regulation 19

In regulation 19—

(a) in paragraph (1)(a), for “a member (“ P ”)” substitute “P has accrued reckonable service in relation to one or more relevant offices and” ;

(b) in paragraph (2), at the end insert “in respect of the relevant offices” .

Section 22 Amendment of regulation 21

In regulation 21—

(a) in paragraph (1)(a), for “a member (“ P ”)” substitute “P has accrued reckonable service in relation to one or more relevant offices and” ;

(b) in paragraph (2), at the end insert “in respect of the relevant offices” .

Section 23 Amendment of regulation 22

In regulation 22—

(a) in paragraph (1), for “a member (“ P ”)” substitute “P” ;

(b) in paragraph (4), in sub-paragraph (b), in the definition of “X”, for “eligible fee-paid judicial”, on both occasions, substitute “relevant” .

Section 24 Amendment of regulation 23

In regulation 23(1)—

(a) in the opening words, for “a member (“ P ”)” substitute “P” ;

(b) in sub-paragraph (a)(ii), after “commencement day” insert “or, as applicable, before the amendment day” .

Section 25 Amendment of regulation 25

In regulation 25(1), for “a member (“ P ”)” substitute “P” .

Section 26 Amendment of regulation 26

In regulation 26(1) for “a member (“ P ”)” substitute “P” .

Section 27 Amendment of regulation 28

In regulation 28(2), omit the “and” after sub-paragraph (a), and after sub-paragraph (b) insert—

(c) Part 2A, and

(d) Part 2B (apart from regulation 11O).

Section 28 Amendment of regulation 35

(1) In the heading to Part 6 preceding regulation 35, at the end insert “: Post-1995 Provisions” .

(2) In the heading to regulation 35, at the end insert “and application of Part” .

(3) In regulation 35—

(a) the existing text is re-numbered as paragraph (1);

(b) in the opening words of paragraph (1), as so re-numbered, for “these Regulations” substitute “this Part” ;

(c) at the end insert—

(2) This Part applies in respect of P where P is a person to whom Part 3 would have applied if P had retired on the day P died.

Section 29 Amendment of regulation 45

In regulation 45—

(a) for paragraph (1) substitute—

(1) Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under the post-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies (on or after the commencement day) without having retired.

(b) for paragraph (2) substitute—

(2) Unless a lump sum is payable on P’s death under—

(a) the Judicial Pensions Act 1981;

(b) section 4(3) of the Judicial Pensions and Retirement Act 1993;

(c) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or

(d) a scheme under section 1 of the Public Service Pensions Act 2013,

on the day after that on which P dies, the relevant person is entitled to a lump sum.

(c) in paragraph (4), for “(“the relevant office”)” substitute “which is a relevant office” ;

(d) for paragraph (5) substitute—

(5) The amount of the lump sum is to be determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service expressed in years and any fraction of a year.

(e) for paragraph (7) substitute—

(7) The amount of the lump sum is to be determined in accordance with the following formula—

where—

S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death

ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply

JS is P’s qualifying judicial service expressed in years and any fraction of a year.

Section 30 Amendment of regulation 47

In regulation 47—

(a) in paragraph (3)—

(i) for sub-paragraph (a) substitute—

(a) A is the sum of the interim payments amount (if any), and any interim amendments payments amount (as that expression is defined in regulation 68 of the Amendment Regulations) in relation to P in respect of benefits corresponding to those under the post-1995 provisions;

(ii) in paragraph (b), after “regulation 50” insert “and regulation 69 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions” ,

(iii) in paragraph (d), after “regulation 51” insert “and regulation 70 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions” ;

(b) at the end insert—

(5) In this regulation, “ the Amendment Regulations ” means the Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2023.

Section 31 Refund of excess contributions

After Part 7 insert—

Refund of Excess Contributions

Application of Part

(51A) This Part applies where on 1st April 2023, a member (“ P ”)—

(a) has or had a liability to pay contributions under Part 8 or 9; and

(b) has made an excess contributions payment.

Definitions

(51B)

(1) In this Part—

(a) “ contributions ” means any contribution paid under Part 8 or 9 of these Regulations, regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 , the Judicial Pensions (Contributions) Regulations 1995 , or the Judicial Pensions (Contributions) Regulations 2012 ;

(b) “ excess contributions payment ” means the amount of contributions paid by P during an excess contributions period;

(c) “ excess contributions period ” means any period during which P paid contributions after the aggregate length of P’s reckonable service and JUPRA service exceeded 20 years;

(d) “ interim contributions refund ” means the total amount (if any) that was paid to any person under arrangements made for the purpose of refunding excess contributions payments before the amendment day.

(2) For the purposes of the definition of “excess contributions period”—

(a) reckonable service means the aggregate length of P’s reckonable service in eligible fee-paid judicial offices, including any eligible fee-paid offices in respect of which P has taken partial retirement, determined in accordance with regulation 5 but as if regulation 5(2) did not apply;

(b) reckonable service includes added years of pension credit purchased under regulation 4.2(2) of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995;

(c) any contributions made by P under regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 are deemed to have been the most recent contributions made by P, regardless of when they were actually made (except for the purpose of calculating interest under regulation 51C(1)); and

(d) reckonable service in any office which P held before 31st March 1995 which is specified in Tables 1 or 2 of Schedule 1 is multiplied by 20 and divided by 15.

Additional payment of refund

(51C)

(1) Paragraph (2) applies where the interim contributions refund in relation to P is less than the excess contributions payment plus compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme.

(2) The administrators must apply the difference between the two amounts mentioned in paragraph (1) as follows—

(a) to discharge any liability P has under regulation 53(1) (liability to pay pre-commencement contributions);

(b) to discharge any liability P has under regulation 53A(1) (liability to pay initial pre-commencement contributions); and

(c) to pay any sum remaining thereafter to P.

Recovery of excess refund

(51D)

(1) Paragraph (2) applies where the interim contributions refund in relation to P is greater than the excess contributions payment.

(2) The administrators may recover the difference between the two amounts mentioned in paragraph (1) from P, including by way of deduction from any retirement benefits to which P is entitled under these Regulations, including in such instalments from payments of retirement pension as the administrators may determine.

Section 32 Amendment of regulation 52

In regulation 52—

(a) in the definition of “fee period”, for “the Contributions Table” substitute “Table 1 of the Contributions Tables” ;

(b) after the definition of “fee period” insert—

“ the initial pre-commencement dependants’ contributions amount ” means the amount payable in accordance with this Part for the period before 7th April 2000;

(c) for the definition of “the Contributions Table” substitute—

“ the Contributions Tables ” means Tables 1 to 10 in Schedule 3.

Section 33 Insertion of new regulation 53A

After regulation 53 insert—

Liability to pay initial pre-commencement contributions amount

(53A)

(1) P must pay to the appropriate Minister the initial pre-commencement contributions amount being the sum of—

(a) the initial pre-commencement personal contributions amount in respect of service credit days (see regulation 54A); and

(b) the initial pre-commencement dependants’ contributions amount (see regulation 55A).

(2) Paragraph (1) is subject to paragraphs (3) and (4).

(3) P is not required to pay the initial pre-commencement contributions amount if P had on retirement less than two years qualifying judicial service.

(4) P is not required to pay the initial pre-commencement dependants’ contributions amount if P—

(a) retired before 31st March 2023,

(b) was not married or in a civil partnership at any time during the period—

(i) beginning with the day on which P first held an eligible fee-paid judicial office and

(ii) ending with the day on which P retired; and

(c) did not have a qualifying child at any time during that period.

Section 34 Amendment of regulation 54

In regulation 54, in Step 2, for “the Contributions Table” substitute “Table 1 of the Contributions Tables or in column 2 of a table referred to in that column, as the case may be” .

Section 35 Insertion of new regulation 54A

After regulation 54 insert—

Calculation of initial pre-commencement personal contributions amount: service credit days

(54A) The initial pre-commencement personal contributions amount in respect of service credit days is determined as follows—

Step 1

For the fee period from 1st April 2012 to 31st March 2013, determine the total of fees paid to P in respect of service credit days.

Step 2

Multiply the total determined under Step 1 by the percentage specified in relation to that sum in column 2 of Table 9 of the Contributions Tables.

Step 3

For the fee period from 1st April 2013 to 31st March 2014, determine the total of fees paid to P in respect of service credit days.

Step 4

Multiply the total determined under Step 3 by the percentage specified in relation to that sum in column 2 of Table 10 of the Contributions Tables.

Step 5

Add together the amounts determined under Steps 2 and 4.

Section 36 Substitution of regulation 55

For regulation 55 substitute—

Calculation of pre-commencement dependants’ contributions amounts

(55)

(1) The pre-commencement dependants’ contribution amount for each eligible fee-paid judicial office held by P is determined under paragraph (2) or (3) as applicable.

(2) For an office specified in Table 1 or 2 of Schedule 1—

Step 1

For each fee period from 7th April 2000 to 31st March 2017, determine the total of fees paid to P in respect of qualifying fee-paid days.

Step 2

Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 3 of Table 1 of the Contributions Tables or column 3 of a table referred to in that table.

(3) For offices specified in Table 3 or 4 of Schedule 1—

Step 1

For each fee period from 7th April 2000 to 31st March 2017 determine the total of fees paid to P in respect of qualifying fee-paid days.

Step 2

Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 4 of Table 1 of the Contributions Tables or column 4 of a table referred to in that table.

Step 3

Determine the total of fees paid to P in respect of any service credit days.

Step 4

Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8.

Step 5

Add together the amounts determined under Steps 2 and 4.

Section 37 Insertion of new regulation 55A

After regulation 55 insert—

Calculation of initial pre-commencement dependants’ contributions amount

(55A)

(1) The initial pre-commencement dependants’ contributions amount in relation to each eligible office held by P is determined under paragraph (2) or (3) as applicable.

(2) For an office specified in Table 1 or Table 2 of Schedule 1—

Step 1

Determine the total of fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000.

Step 2

Multiply the total determined under Step 1 by the percentage specified in column 3 of the first row of Table 1 of the Contributions Tables.

(3) For offices specified in Table 3 or Table 4 of Schedule 1—

Step 1

Determine the total of any fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000.

Step 2

Multiply the total determined under Step 1 by the percentage specified in column 4 of the first row of Table 1 of the Contributions Tables.

Step 3

Determine the total of any fees paid to P in respect of any service credit days.

Step 4

Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8.

Step 5

Add together the amounts determined under Steps 2 and 4.

Section 38 Amendment of regulation 56

In regulation 56(1), for “regulations 54 and 55” substitute “regulations 54, 54A, 55 and 55A” .

Section 39 Omission of regulation 57

Omit regulation 57.

Section 40 Insertion of new regulation 58A

After regulation 58 insert—

Payment of initial pre-commencement contributions

(58A)

(1) Contributions payable under regulations 53A, 54A or 55A may be paid—

(a) by way of a lump sum at any time during the period of 6 months beginning with 1st April 2023;

(b) by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister.

(2) For the purposes of paragraph (1)(b), a “ fee-paid day ” means a day in respect of which P receives a fee in P’s capacity as a holder of an eligible fee-paid judicial office.

(3) The deductions specified under paragraph (1)(b)—

(a) must be of fixed monetary amounts; and

(b) must be the same for each fee.

(4) A new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into.

(5) Regulation 65 applies as if the references to pre-commencement dependants’ contributions included any contributions paid under regulations 54A and 55A.

(6) Except to the extent that contributions payable under regulations 53A, 54A or 55A have already been paid under paragraph (1), they are to be paid by way of deduction from—

(a) any lump sum payable to P under regulation 11N or Part 3; or

(b) where P dies before retiring, any lump sum payable for death in service in respect of P under regulations 11X or 45, or under regulation 102 of the Judicial Pensions Regulations 2022 .

Section 41 Amendment of regulation 62

In regulation 62—

(a) in paragraph (2)—

(i) omit “(see column 1 of the table)”,

(ii) for “the table in regulation 63” substitute “Tables 1 to 7 in Schedule 3” ;

(b) in paragraph (3)—

(i) omit “(see column 1 of the table)”,

(ii) for “column 3 of the same row of the same table” substitute “the relevant column in Tables 1 to 7 in Schedule 3” ,

(iii) at the end insert “and for this purpose the relevant column is determined under paragraph (3ZA) or (3ZB)” ;

(c) after paragraph (3) insert—

(3ZA) If the fee was for an office specified in Table 1 or Table 2 of Schedule 1, the relevant column is column 3.

(3ZB) If the fee was for an office specified in Table 3 or 4 of Schedule 1, the relevant column is column 4.

(d) omit paragraphs (3A), (3B), (3C) , (4), (5) and (6);

(e) in paragraph (7), omit the definition of “consumer prices index”.

Section 42 Omission of regulation 63

Omit regulation 63.

Section 43 Commutation of small pensions

After regulation 69 insert—

Commutation of small pensions

Commutation of small pensions

(69A)

(1) This regulation applies if the cash value of the retirement benefits of a member who retires on or after 1st April 2023, or of such a member’s beneficiary, does not exceed the small pensions commutation maximum.

(2) The administrators must, subject to paragraph (3) and after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if—

(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the retirement benefits; and

(b) the requirements of the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme, are met.

(3) The administrators may not pay a lump sum to a member under paragraph (2) which would be a trivial commutation lump sum had this scheme been a registered pension scheme where—

(a) the member has been paid a trivial commutation lump sum from any registered pension scheme; and

(b) a period of 12 months has elapsed from the date of that payment (or the earlier or earliest such payment where there is more than one).

(4) The administrators must, after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if—

(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the retirement benefits; and

(b) the cash value of the retirement benefits is less than £10,000.

(5) A lump sum under this regulation may only be paid—

(a) on or after the date when the member or member’s beneficiary is entitled to payment of a pension; and

(b) before the first payment of the pension is made.

(6) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.

(7) In this regulation—

“ beneficiary ” includes a transferee within the meaning of regulation 29(1);

“ the commutation provisions ” means the provisions permitting the commutation of pensions set out in—

paragraph 7 of Schedule 29 (registered pension schemes: authorised lump sums - supplementary) to the Finance Act 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act) and, in relation to a pension payable under Part 8, paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act) ; and

Part 2 (commutation payments) of the Registered Pension Schemes (Authorised Payments) Regulations 2009 ;

“ retirement benefits ” means all benefits payable under these Regulations, including any additional benefits purchased by the member;

“ the small pensions commutation maximum ” means the amount that is permitted to be commuted taking account of all sources of pension and having regard to the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme.

Section 44 Amendment of regulation 72

In regulation 72, in paragraph (2)(c)(i), for “the commencement day” substitute “the amendment day (in which case the restriction in regulation 79 does not apply to P)” .

Section 45 Amendment of regulation 84

In regulation 84—

(a) in paragraph (3), in the opening words, at the beginning insert “Unless paragraph (4) applies to P” ;

(b) after paragraph (3) insert—

(4) If P meets the requirement in regulation 83(1), P may make a request in writing within the period of one year beginning with the amendment day and must nominate a date on which the transfer is to take effect, between 6th February 2013 and the amendment day, which must be a day on which P would have met the requirements set out in paragraph (3)(b) and (c).

Section 46 Amendment of regulation 103

In regulation 103—

(a) in paragraph (1)—

(i) omit the definition of “active FPJAYS member”,

(ii) in the definition of “assumed retirement date”, for “active” substitute “unretired” ,

(iii) in the definition of “judicial pension scheme”, after “2015” insert “or 2022” ,

(iv) in the definition of “retired FPJAYS member”, omit “before the commencement day”,

(v) at the end insert—

“ unretired FPJAYS member ” means an FPJAYS member who continues to hold judicial office.

(b) after paragraph (1) insert—

(1A) In relation to fee-paid days between 1st April 2015 and 31st March 2022, regulation 4 applies for the purposes of this Part as if paragraph (2)(c) were omitted.

(1B) References in this Part to reckonable service and to qualifying fee-paid days are to be read as including a reference to fee-paid days in judicial office after 31st March 2022 as if the principal scheme had not been closed to further accruals.

Section 47 Amendment of regulation 104

In regulation 104—

(a) for paragraph (1) substitute—

(1) Membership of the FPJAYS is open to unretired and retired members of the principal scheme (but not to opted-out members) who have service in an eligible fee-paid judicial office between 31st March 1995 and 5th April 2006 and whose benefits under the principal scheme in relation to at least one such office are, or are to be, calculated under the post-1995 provisions.

(b) in paragraph (2), for “commencement day” substitute “amendment day” .

Section 48 Amendment of regulation 105

In regulation 105—

(a) in paragraph (2) for “7th April 2000” substitute “31st March 1995” ;

(b) in paragraph (3), for “active” substitute “unretired” .

Section 49 Amendment of regulation 107

In regulation 107(3)—

(a) in sub-paragraph (b), after “R accrued” insert “in any office in relation to which benefits are calculated under the post-1995 provisions” ;

(b) in sub-paragraph (c), after “period” insert “and for the offices” .

Section 50 Amendment of regulation 108

In regulation 108—

(a) in paragraph (1)(a), after “question” insert “in any office in relation to which benefits are calculated under the post-1995 provisions” ;

(b) in paragraph (2), after “fee-paid days” insert “in the offices referred to in that paragraph” .