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The Judicial Pensions Regulations (Northern Ireland) 2015

Type Ni-Statutory-Rule

Publication 2015-02-18

Last updated 2024-05-24

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 18th February 2015

Coming into operation in accordance with regulation 1(2) and (3)

The Department of Justice makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(b) , 2(1), 3(1), (2), (3)(a), (3)(c) and (4), 4(3) and (6) (as read with section 4(1)), 5(3)(c) (as read with section 5(1)), 5(4), and (5), 7(1) and (4), 8(1)(a) , 12(6) and (7) , 14(1) and 18(5), (6) and (7) of, paragraph 2 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act (Northern Ireland) 2014 .

In accordance with section 21 of that Act, the Department of Justice has consulted such persons and representatives of such persons as appear to it likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, the Department of Finance and Personnel has consented to the making of these Regulations.

The Department of Justice has had regard to the matters referred to in section 5(4) of that Act.

A draft of this instrument has been laid before the Assembly and approved by a resolution of the Assembly in accordance with section 24(1)(c) of the Public Service Pensions Act (Northern Ireland) 2014.

PART 1 — Preliminary

Citation and commencement

1

(1) These Regulations may be cited as the Judicial Pensions Regulations (Northern Ireland) 2015.

(2) Part 1, Part 3, regulations 20, 128, 166, 167, Schedule 1, Schedule 2 and paragraph 12 of Schedule 3 come into operation on 28th February 2015.

(3) The remaining provisions come into operation on 1stApril 2015.

Interpretation

2

In these Regulations—

“the Act” means the Public Service Pensions Act (Northern Ireland) 2014;

“the 1971 Act” means the Pensions (Increase) Act (Northern Ireland) 1971[^f00005];

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993[^f00006];

“the 1995 Order” means the Pensions (Northern Ireland) Order 1995[^f00007];

“the 1999 Order” means the Welfare Reform and Pensions Act1999[^f00008];

“the 2004 Act” means the Finance Act 2004[^f00009];

“accrued added pension” means— accrued added (self only) pension (if any); and accrued added (all beneficiaries) pension (if any);

“accrued earned pension” means— in relation to this scheme— accrued standard earned pension (if any); and accrued earned pension attributable to an effective pension age option (if any); in relation to another pension scheme, accrued rights to benefits under that scheme which are the equivalent of accrued earned pension under this scheme;

“accrued pension” means— accrued earned pension; and accrued added 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 a description of full retirement pension or the provisional amount of any description of deferred pension, has the meaning given in regulation32(2); for the purpose of calculating the amount of a description of partial retirement pension, has the meaning given in regulation 33(2);

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

“active member’s account” has the meaning given in regulation 37(2);

“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;

“actuarial tables” means tables prepared by the scheme manager after consultation with the scheme actuary;

“added pension” means— added (self only) pension under paragraph 18 of Schedule 1 (if any); and added (all beneficiaries) pension under paragraph 19 of Schedule 1 (if any);

“added pension payments” means periodical payments or a lump sum payment for added pension made to this scheme;

“additional paternity leave” has the meaning given in regulation 2(1) (interpretation) of the Additional Paternity Leave Regulations (Northern Ireland) 2010[^f00010];

“adoption leave” has the meaning given in regulation 2(1) (interpretation) of the Paternity and Adoption Leave Regulations(Northern Ireland) 2002[^f00011];

“age addition” has the meaning given in regulation 30(4);

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

“allocation election” means an election under regulation 78(2);

“amount of added pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 39(5);

“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 the 1999 Order;

“amount of earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 39(3);

“annual allowance” has the meaning given in section 228 (annual allowance) of the 2004 Act[^f00012];

“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of the 2004 Act[^f00013];

“annual rate”— for each description of pension, has the meaning given in Part 5 (retirement benefits); and in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;

“assumed age addition” has the meaning given in regulation 31(3);

“assumed pay” has the meaning given in regulation 24(2);

“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 the 1971 Act[^f00014];

“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 2;

“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 76 in relation to a retirement pension; or exercisable under regulation 89 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”, in relation to a transition member, has the meaning given in paragraph 2 of Schedule2;

“continuous period of pensionable service”, in relation to this scheme, 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 that office disregarding any gap in service not exceeding 5 years;

“death benefits” means benefits payable under Part 8;

“deferred member” has the meaning given in regulation 25;

“deferred member’s account” has the meaning given in regulation43(3);

“description of accrued added pension” means either of the following— accrued added (self only) pension; or accrued added (all beneficiaries) pension;

“description of accrued pension” means accrued pension of a description mentioned in Chapter 1 of Part 5;

“description of added pension” means either of the following— added (self only) pension; and added (all beneficiaries) pension;

“description of deferred pension” means any of the following— deferred standard earned pension; deferred earned pension attributable to an effective pension age option; deferred added (all beneficiaries) pension; deferred added (self only) pension;

“description of full retirement pension” means a full retirement pension of a description mentioned in Chapter 1 of Part 5;

“description of partial retirement pension” means a partial retirement pension of a description mentioned in Chapter 1 of Part 5;

“description of pension” means any of the following— standard earned pension; transferred pension; earned pension attributable to an effective pension age option; added (all beneficiaries) pension; added (self only) pension;

“dual capacity member” has the meaning given in regulation 146;

“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 or, if applicable, effective pension age;

“effective pension age”, in relation to a member who has exercised an effective pension age option, means the age at which the member is entitled to payment, without actuarial reduction, of a full retirement earned pension or partial retirement earned pension attributable to that option;

“effective pension age payments” means periodical payments for an effective pension age made to this scheme;

“effective pension age option” means the option to make effective pension age payments;

“eligible child” has the meaning given in regulation 103;

“eligible child’s pension” has the meaning given in regulation 102;

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

“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 47(4);

“full retirement added pension” means— full retirement added (self only) pension (if any); and full retirement added (all beneficiaries) pension (if any);

“full retirement earned pension” means— full retirement standard earned pension (if any); and full retirement earned pension attributable to an effective pension age option (if any);

“full retirement pension” means— full retirement earned pension; and full retirement added pension (if any);

“guaranteed minimum” includes the guaranteed minimum as defined in sections 10[^f00015] (earner’s guaranteed minimum) and 13[^f00016] (minimum pensions for earners, widows and widowers) of the 1993 Act— as increased in accordance with the requirements of section 105^f00017 of that Act; and if a reduction has been made under section 11A[^f00018] (reduction of guaranteed minimum in consequence of pension debit) of that Act, as reduced in accordance with that section;

“ill-health pension” has the meaning given by regulation 68;

“index adjustment” means, in relation to the opening balance of a description of pension for any scheme year, the change in prices in that scheme year[^f00019];

“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;

“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 any description 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 or, if applicable, effective 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 Part 8 on the death of a member;

“maternity leave” includes ordinary maternity leave or additional maternity leave as defined in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999[^f00020];

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

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

“member contributions” has the meaning given in Part 9;

“normal minimum pension age” has the same meaning as in section 279(1) (other definitions) of the 2004 Act[^f00021];

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

“occupational pension scheme” has the meaning given in section 1 (categories of pension schemes) of the 1993 Act [^f00022];

“opening balance”, in relation to a description of pension for a scheme year, has the meaning given in regulation 40(3);

“option proportion”, in relation to a description of accrued pension, means the proportion specified in a notice under regulation 62;

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

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

“partial retirement account” has the meaning given in regulation 50(2);

“partial retirement added pension” means— partial retirement added (self only) pension (if any); and partial retirement added (all beneficiaries) pension (if any);

“partial retirement earned pension” means— partial retirement standard earned pension (if any); and partial retirement earned pension attributable to an effective pension age option (if any);

“partial retirement option” means the option exercisable under regulation 60(2);

“partial retirement pension” means— partial retirement earned pension; and partial retirement added pension (if any);

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

“partnership pension account”, in relation to a person in service in a qualifying judicial office, means a stakeholder pension scheme or personal pension scheme to which the person’s employer is paying contributions;

“paternity leave” includes leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002[^f00023];

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

“pension credit” has the meaning given in Article 121(1) (interpretation of Part 2) of the 1995 Order[^f00024];

“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 52;

“pension credit member’s pension” means a pension payable under regulation 83;

“pension debit” means a debit under Article 26(1)(a) (creation of pension credits and debits) of the 1999 Order;

“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 Article 28 (reduction under pension sharing order following divorce or nullity of marriage) of the 1999 Order;

“pensionable earnings” has the meaning given in regulation 23;

“pensionable public service” means pensionable service under an existing scheme;

“pensionable service” means service in a qualifying judicial office;

“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 Article 25 (activation of pension sharing) of the 1999 Order[^f00025];

“period of assumed pay” has the meaning given in regulation 24(1);

“personal pension scheme” means a personal pension scheme as defined in section 1 (categories of pension schemes) of the 1993 Act that is a registered pension 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 Department of Finance and Personnel directions made under section 11(2) (valuations) of the Act, determines would apply in relation to those benefits;

“provisional amount”, in relation to any description of deferred pension, has the meaning given in regulation44(2);

“qualifying judicial office” has the meaning given in regulation 13;

“qualifying service” has the meaning given in regulation 55;

“registered”, in relation to a pension scheme, means registered under Chapter 2 of Part4 (registration of pension schemes) of the 2004 Act;

“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, and otherwise, the member’s last day of pensionable service;

“retirement index adjustment”, in relation to an amount of accrued pension, has the meaning given in regulation 29;

“retirement benefits” means benefits payable under Part6;

“retirement pension” means any of the following— a full retirement pension; a partial retirement pension; an ill-health pension;

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

“scheme actuary” means the actuary appointed by the Department of Justice under regulation 144;

“scheme closing date” means 31stMarch2015;

“scheme manager” has the meaning given in regulation 4;

“scheme year” means a period of one year beginning with 1stApril and ending with31st March;

“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 2 (stakeholder pension schemes) of the 1999 Order (see Article 3[^f00026] of that Order);

“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 167ZL(1) (entitlement) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00027]; statutory maternity pay within the meaning of section 160(1) (statutory maternity pay - entitlement and liability to pay) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; ordinary statutory paternity pay within the meaning of section 167ZA(1) (entitlement: birth) or 167ZB(1) (entitlement: adoption) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00028]; or additional statutory paternity pay within the meaning of section 167ZEA(1) (entitlement to additional statutory paternity pay: birth) and 167ZEB(1) (entitlement to additional statutory paternity pay: adoption) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00029]:

“surviving adult”, in relation to a deceased member of this scheme, has the meaning given in regulation 91;

“surviving adult’s pension” has the meaning given in regulation 93;

“surviving civil partner” has the meaning given in regulation 91;

“surviving nominated partner” has the meaning given in regulation 92;

“surviving spouse” has the meaning given in regulation 91;

“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;

“transfer value” has the meaning given in regulation 132;

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

“transferred pension” means pension attributable to receipt of a transfer value payment;

“transition member” has the meaning given in paragraph 1 of Schedule 2;

“weekly rate”, in relation to a guaranteed minimum pension, has the same meaning as in regulation 55(2) (scheme rules about guaranteed minimum pensions) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996[^f00030];

“whole of the member’s accrued pensions” means— all the member’s accrued earned pension; and all the member’s accrued added pension (if any).

PART 2 — Establishment of the scheme

Establishment and scope

3

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 holders of judicial office.

PART 3 — Governance

Scheme manager

4

(1) The Department of Justice is the scheme manager for this scheme and any statutory pension scheme that is connected with it.

(2) The scheme manager is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it.

(3) A statutory pension scheme that is a defined contributions scheme is not connected with this scheme.

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

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

(6) The scheme manager and the Judicial Pension Board may agree that paragraphs (4) and (5) do not apply to specific discretions or in specific circumstances.

Delegation

5

(1) The Department of Justice 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.

Judicial Pension Board: establishment

6

(1) A pension board (“the Judicial Pension Board”) is established.

(2) The Judicial Pension Board is responsible for assisting the scheme manager—

(a) to secure compliance with—

(i) these Regulations;

(ii) any other legislation relating to the governance and administration of this scheme and of any statutory pension scheme that is connected with it; and

(iii) any requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and

(b) in the performance of the scheme manager’s functions under these Regulations.

(3) The Judicial Pension Board may determine its own procedures.

Judicial Pension Board: membership

7

(1) The Judicial Pension Board is to consist of a chair appointed by the scheme manager and at least 2 and no more than 16 persons appointed by the chair, who are to be entitled to vote in its proceedings (“voting members”).

(2) Equal numbers of employer representatives and member representatives must be appointed under paragraph(1), including a departmental finance director who is to be treated as an employer representative.

(3) The chair cannot be an employer representative or a member representative.

(4) The appointment of member representatives must be approved by the Lord Chief Justice.

(5) The appointment of employer representatives must be approved by the scheme manager.

(6) The chair may, with the approval of the scheme manager, appoint up to 4 members of the Judicial Pension Board who are not to be entitled to vote in its proceedings (“non-voting members”).

(7) A non-voting member cannot be an employer representative or a member representative.

(8) A member of the Judicial Pension Board is to hold and vacate office in accordance with the terms of that member’s appointment.

(9) In this regulation, “departmental finance director” means—

(a) an accounting officer appointed by the Department of Finance and Personnel under section 9 (resource accounts: preparation) of the Government Resources and Accounts Act (Northern Ireland) 2001[^f00031]; or

(b) a civil servant who has responsibility for the financial management of a government department.

Judicial Pension Board: conflicts of interest

8

(1) Before appointing, or approving the appointment of, any person under regulation 7, the scheme manager must be satisfied that that person does not have a conflict of interest.

(2) The scheme manager must be satisfied from time to time that none of the members of the Judicial Pension Board has a conflict of interest.

(3) If the scheme manager determines that a member of the Judicial Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member.

(4) A member of the Judicial Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2).

Scheme advisory board: establishment

9

(1) A scheme advisory board is established.

(2) The scheme advisory board is responsible for providing advice to the Department of Justice, at the request of that Department, on the desirability of making changes to this scheme.

(3) The scheme advisory board may determine its own procedures, subject to the approval of the Department of Justice.

Scheme advisory board: membership

10

(1) The scheme advisory board is to consist of a chair appointed by the Department of Justice and at least 2 and no more than 16 persons appointed by the chair.

(2) Equal numbers of employer representatives and member representatives must be appointed under paragraph(1).

(3) The chair cannot be an employer representative or a member representative.

(4) The appointment of member representatives must be approved by the Lord Chief Justice.

(5) The appointment of employer representatives must be approved by the scheme manager.

(6) A member of the scheme advisory board is to hold and vacate office in accordance with the terms of that member’s appointment.

Scheme advisory board: conflicts of interest

11

(1) Before appointing, or approving the appointment of, any person under regulation10, the Department of Justice must be satisfied that that person does not have a conflict of interest.

(2) The Department of Justice must be satisfied from time to time that none of the members of the scheme advisory board has a conflict of interest.

(3) If the Department of Justice determines that a member of the scheme advisory board has a conflict of interest, the Department of Justice must terminate the appointment of the member.

(4) A member of the scheme advisory board, or a person proposed to be appointed as such a member, must provide the Department of Justice with any information the Department of Justice may reasonably require for the purpose of paragraph (1) or (2).

Payment of fees and expenses

12

The Department of Justice 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 Department of Justice 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.

PART 4 — Scheme membership

CHAPTER 1 — Eligibility for active membership

Qualifying judicial office

13

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 (holders of judicial office) to the Act is in qualifying judicial office.

Eligible persons

14

(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) or (4) applies and subject to paragraphs (5) and (6).

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

(4) This paragraph applies if, in relation to service in that office—

(a) P is a protected member of an existing scheme;

(b) P has a partnership pension account; or

(5) P is not eligible to be a member of this scheme if—

(a) P is in a fee-paid office;

(b) P was in a fee-paid office on 31st March 2012;

(d) P does not exercise the option to begin pensionable service under this scheme on 1st April 2015 in the form and by the date determined by the scheme manager.

(6) P is not eligible to be a member of this scheme until a date during the period beginning with 31stMay2015 and ending with 31stJanuary2022 as determined by the scheme manager by reference to a table published for the purposes of paragraph 3 of Schedule 2 if—

(a) P is in a fee-paid office;

(b) P was in a fee-paid office on 31st March 2012;

(d) P does not exercise the option to begin pensionable service under this scheme on 1st April 2015 in the form and by the date determined by the scheme manager.

Service in 2 or more qualifying judicial offices

15

If a person is in service in 2 or more qualifying judicial offices, regulation 14 applies separately in relation to each office.

CHAPTER 2 — Pensionable service

Application of Chapter

16

(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 2 or more qualifying judicial offices, this Chapter applies separately in relation to each of the offices.

Enrolment

17

(1) 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—

(a) regulation 21 applies; or

(b) P is a transition member with continuity of service and paragraph (2) applies.

(2) This paragraph applies if—

(a) the first day on which P becomes an eligible person in relation to service in a qualifying judicial office is the day after P’s transition date; and

(b) on P’s transition date—

(i) P was in service in the same office; and

(ii) P has opted out of an existing scheme in relation to that service.

Opting into this scheme

18

(1) A person 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) A person who has a partnership pension account in relation to service in a qualifying judicial office may opt into this scheme in relation to service in that office (see regulation 19 for when opt-in takes effect).

(3) 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”).

(4) A person who exercises the option under this regulation in relation to service in a qualifying judicial office is taken to exercise that option on the date on which the opt-in notice is received by the scheme manager.

(5) 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.

When does an option in take effect

19

(1) If P opts into this scheme in relation to service in a qualifying judicial office for which P has a partnership pension account—

(a) P becomes an active member of this scheme in relation to that service on the first date that is 1stApril or 1stOctober—

(i) after the period of 3 months beginning with the date on which the option is exercised; or

(ii) after any shorter period the scheme manager considers appropriate; and

(b) immediately before that date, P’s partnership pension account is closed.

(2) If P opts into this scheme in relation to service for which P does not have a partnership pension account, P becomes an active member of this scheme in relation to that service—

(a) at the beginning 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 pay period inappropriate, at any other time the scheme manager considers appropriate.

Opting out of this scheme

20

(1) A person (P) opts out of this scheme in relation to service in a qualifying judicial office if—

(a) P opts not to be an active member of this scheme in relation to that service; or

(b) P opens a partnership pension account in relation to that service.

(2) P may only exercise the option under paragraph (1)(a) 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.

Opting out before the end of one month

21

(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.

(3) This regulation does not require the scheme manager to pay P any additional amount which becomes payable by P in respect of national insurance contributions because P has not after all been an active member of this scheme during any period.

Opting out after one month

22

(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.

(3) If P opens a partnership pension account, P ceases to be in pensionable service under this scheme in relation to that office on the first date that is 31stMarch or 30thSeptember—

(a) after the period of one month beginning with the date on which that account is opened; or

(b) after any shorter period the scheme manager considers appropriate.

CHAPTER 3 — Pensionable earnings

Pensionable earnings

23

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.

Meaning of “assumed pay”

24

(1) For the purpose of these Regulations, an active member of this scheme (P) receives assumed pay 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 sum of an 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 or additional paternity leave;

(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;

(4) For the purpose of paragraph (3)(a), a period of sick leave on reduced pay does not include a period of leave in respect of which P is paid at a rate determined by P’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension.

CHAPTER 4 — Deferred membership

Meaning of “deferred member”

25

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

(i) P has at least 2 years’ qualifying service, or

(ii) a transfer value payment otherwise than from another occupational pension scheme has been received by this scheme in relation to P.

PART 5 — Pension accounts

CHAPTER 1 — Preliminary

Descriptions of accrued pension

26

For the purpose of these Regulations, the descriptions of accrued pension are—

(a) accrued earned pension;

(b) accrued standard earned pension;

(d) accrued added pension;

(e) accrued added (all beneficiaries) pension; and

(f) accrued added (self only) pension.

Descriptions of full retirement pension

27

For the purpose of these Regulations, the descriptions of full retirement pension are—

(a) full retirement standard earned pension;

(b) full retirement earned pension attributable to an effective pension age option;

(d) full retirement added (all beneficiaries) pension.

Descriptions of partial retirement pension

28

For the purpose of these Regulations, the descriptions of partial retirement pension are—

(a) partial retirement standard earned pension;

(b) partial retirement earned pension attributable to an effective pension age option;

(d) partial retirement added (all beneficiaries) pension.

CHAPTER 2 — Calculation of adjustments

Calculation of “retirement index adjustment”

29

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

$$amount of accrued pension Χ retirement index percentage$where— “amount of accrued pension” means an amount of any description of accrued pension; and “retirement index percentage” means the retirement index percentage calculated under paragraph (2) for that description of accrued pension.$

(2) The retirement index percentage is—

$$A× B 12$where— Ameans the in-service revaluation index that applies in relation to this scheme for the leaving year; B is the number of complete months in the period between the beginning of the leaving year and the end of the relevant last day; and “complete month” includes an incomplete month that consists of at least 16 days.$

Determination of “the age addition”

30

(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) If the member has exercised an effective pension age option then, for the years for which that option has effect, 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 the member’s effective pension age, other than—

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

(b) the scheme year immediately following that.

(3) At the beginning of the scheme year, for each description of pension, 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 description of pension for the previous scheme year.

(4) 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—

(a) normal pension age under this scheme; or

(b) where applicable, the member’s effective pension age.

Determination of “the assumed age addition”

31

(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—

(a) for an amount of accrued standard earned pension not attributable to a transferred pension, 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;

(b) for an amount of accrued standard earned pension attributable to a transferred pension, the age addition that would have been awarded for transferred 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;

(c) for an amount of accrued earned pension attributable to an effective pension age option, the age addition that would have been awarded for earned pension attributable to that option 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 the effective normal pension age stated in that option;

(d) for an amount of any description of accrued added pension, the age addition that would have been awarded for added pension of that description 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.

CHAPTER 3 — Calculation of accrued pension

Calculation of amount of accrued pension for purpose of deferment or full retirement

32

(1) For the purpose of calculating the amount of a description of full retirement pension or the provisional amount of each description 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 last day of pensionable service—

(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;

(c) the sum of the opening balance of transferred pension for the last active scheme year and the index adjustment for that opening balance; and

(d) the amount of transferred pension for the last active scheme year.

(3) The amount of accrued earned pension attributable to an effective pension age option is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—

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

(b) the amount of earned pension attributable to that option for the last active scheme year.

(4) The amount of any description of accrued added pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service—

(a) the sum of the opening balance of added pension of that description for the last active scheme year and the index adjustment for that opening balance; and

(b) the amount of accrued added pension of that description for the last active scheme year.

Calculation of amount of accrued pension for purpose of partial retirement

33

(1) For the purpose of calculating the amount of a description 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 index adjustment for that opening balance;

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

(c) the sum of the opening balance of transferred pension for the leaving year and the index adjustment for that opening balance; and

(d) the amount of transferred pension for the leaving year.

(3) The amount of accrued earned pension attributable to an effective pension age option 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 earned pension attributable to that option for the leaving year and the index adjustment for that opening balance; and

(b) the amount of earned pension attributable to that option for the leaving year.

(4) The amount of any description of accrued added 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 added pension of that description for the leaving year and the index adjustment for that opening balance; and

(b) the amount of added pension of that description for the leaving year.

CHAPTER 4 — Pension accounts: general

Establishment of pension accounts: general

34

(1) The scheme manager must establish and maintain one or more pension accounts for each member of this scheme in accordance with this Part.

(2) 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.

(3) 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.

Closure and adjustment of pension accounts on transfer out

35

(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 and payments for extra pension made by the member are refunded to the member under Part 9.

(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.

CHAPTER 5 — Active member's account

Application of Chapter

36

(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 2 or more continuous periods of pensionable service at the same time, this Chapter applies separately in relation to each of those periods of service.

Establishment of active member's account

37

(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.

Receipt of a transfer value payment

38

(1) This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme.

(2) On receiving the transfer value payment, the scheme manager must credit the active member’s account with the amount of transferred pension calculated under regulation 143 (amount of transferred pension).

Amount of pension for a scheme year

39

(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, in relation to each description of pension, the amount of that description of pension for the scheme year.

(3) The amount of earned pension for a scheme year is 2.32% of the member’s pensionable earnings for that year.

(4) The amount of transferred pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 143 for that year.

(5) The amount of added pension of any description for a scheme year is the amount (if any) credited to the active member’s account in that scheme year under paragraph 13 or 14 of Schedule1.

(6) In this regulation, “earned pension” means—

(a) standard earned pension (if any); and

(b) earned pension attributable to an effective pension age option (if any).

Opening balance, index adjustment and age addition

40

(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 for each description of pension—

(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” in relation to a description of pension—

(a) for the scheme year immediately following the scheme year in which the active member’s account is established, means the amount of that 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 that pension for the previous scheme year and the index adjustment for that opening balance;

(ii) the amount of that 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.

Closure of active member's account

41

(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 43; or

(b) a full retirement account under regulation 47.

(2) The scheme manager must re-establish an active member’s account under this Chapter when the scheme manager closes—

(a) a deferred member’s account under regulation 46; or

(b) a full retirement account under regulation 49.

CHAPTER 6 — Deferred member's account

Application of Chapter

42

(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 2 or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.

Establishment of deferred member's account

43

(1) This regulation applies when an active member of this scheme becomes a deferred member of this scheme in relation to a continuous period of pensionable service.

(2) The scheme manager must—

(a) close the active member’s account for that period of service; 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.

Provisional amount of deferred pension

44

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

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

(a) the amount of the relevant accrued pension calculated under regulation 32 (“accrued amount”);

(b) the retirement index adjustment for the accrued amount; and

(3) The retirement index adjustment is not applied in relation to an amount of accrued pension if a transfer value payment was made before the end of the last active scheme year in respect of the member’s rights to that accrued pension.

(4) In this regulation, “relevant accrued pension” means—

(a) for a deferred standard earned pension, accrued standard earned pension;

(b) for a deferred earned pension attributable to an effective pension age option, accrued earned pension attributable to that option;

(d) for a deferred added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

Adjustment of provisional amount

45

(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 each description of deferred pension, the deferred member’s account must specify—

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

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

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

Closure of deferred member's account after gap in pensionable service not exceeding 5 years

46

(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 5 in relation to that period of service; and

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

(ii) received no pensionable earnings.

CHAPTER 7 — Full retirement account

Establishment of full retirement account

47

(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 earned 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 for that continuous period of pensionable service; and

(b) establish an account 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 and becomes entitled to the immediate payment of a full retirement pension, the scheme manager must—

(a) close the active member’s account for the period of earlier service;

(b) establish an account for the pensioner member for that period of earlier service; and

(c) establish a new active member’s account under Chapter 5 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 regulation60(2) 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.

Amount of full retirement pension

48

(1) The full retirement account must specify the amount of each description of full retirement pension.

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

(a) the amount of the relevant accrued pension calculated under regulation 32 (“accrued amount”);

(b) the retirement index adjustment for the accrued amount; and

(3) For each amount of a description of full retirement pension, the full retirement account must specify—

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

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

(4) In this regulation, “relevant accrued pension” means—

(a) for a full retirement standard earned pension, accrued standard earned pension;

(b) for a full retirement earned pension attributable to an effective pension age option, accrued earned pension attributable to that option;

(d) for a full retirement added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

Closure of full retirement account

49

The scheme manager must close a full retirement account if a full retirement pension ceases to be payable under regulation 59.

CHAPTER 8 — Partial retirement account

Establishment of partial retirement account

50

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

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

(b) becomes entitled under regulation 63(a) 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 the active member’s account in accordance with paragraph (3).

(3) The amount of each description 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 5 applies in relation to the member as if the amount of each description 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 regulation61.

Amount of partial retirement pension

51

(1) The partial retirement account must specify the amount of each description of partial retirement pension.

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

(a) the amount of the relevant accrued pension calculated under regulation 32 (“accrued amount”);

(b) the retirement index adjustment for the accrued amount; and

(3) For each amount of a description of partial retirement pension, the partial retirement account must specify—

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

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

(4) In this regulation, “relevant accrued pension” means—

(a) for a partial retirement standard earned pension, accrued standard earned pension;

(b) for a partial retirement earned pension attributable to an effective pension age option, accrued earned pension attributable to that option;

(d) for a partial retirement added (all beneficiaries) pension, accrued added (all beneficiaries) pension.

CHAPTER 9 — Pension accounts for pension credit members

Establishment of pension credit member's account

52

(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 2 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, and for that amount—

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

(b) the commutation amount (if any).

(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 the 1993 Act[^f00032] 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 Articles 26 (creation of pension credits and debits) and 28 (reduction of benefit) of the 1999 Order.

Other pension accounts

53

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.

PART 6 — Retirement benefits

CHAPTER 1 — General

Application of Part

54

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

Qualifying service

55

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

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

(b) if a transfer value payment has been received by this scheme in respect of a member’s accrued rights under another occupational pension scheme, the member’s pensionable service under that scheme; and

(c) for a transition member with continuity of service, the member’s pensionable service under an existing 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 an existing scheme in respect of which a person’s rights under that scheme are extinguished;

CHAPTER 2 — Full retirement benefits

Entitlement to full retirement pension

56

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

(a) P has reached normal minimum pension age;

(b) P has ceased to be in pensionable service under this scheme; and

(2) But if P has not reached normal pension age under this scheme, P is not so entitled unless—

(a) P has at least 2 years’ qualifying service; or

(b) a transfer value payment otherwise than from another occupational pension scheme has been received by this scheme in relation to P.

(3) On becoming entitled to the immediate payment for life of a full retirement earned pension, P is entitled to the immediate payment for life of a full retirement added pension of any description as follows—

(a) for an active member who becomes a pensioner member, if the full retirement account so specifies, an amount of full retirement added pension of that description;

(b) for a deferred member who becomes a pensioner member, if the deferred member’s account so specifies, a provisional amount of the relevant deferred added pension.

(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) A claim for a full retirement pension to be paid before P reaches normal pension age under this scheme must state if any of the following applies—

(a) P has opted to buy out the early payment reduction;

(b) P has exercised an effective pension age option.

(6) In this regulation, “relevant deferred added pension” means—

(a) for a full retirement added (self only) pension, a deferred added (self only) pension;

(b) for a full retirement added (all beneficiaries) pension, a deferred added (all beneficiaries) pension.

Annual rate of full retirement pension (active members)

57

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

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

(a) taking the amount of that description of 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;

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

(3) The annual rate of any description of full retirement pension is calculated without subtracting the early payment reduction if the member buys out the early payment reduction in relation to that description of full retirement pension.

Annual rate of full retirement pension (deferred members)

58

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

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

(a) taking the provisional amount of the relevant description 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;

(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) The annual rate of any description of full retirement pension is calculated without subtracting the early payment reduction if the member buys out the early payment reduction in relation to that description of full retirement pension.

(4) In this regulation, “the relevant description of deferred pension” means—

(a) for a full retirement standard earned pension, deferred standard earned pension;

(b) for a full retirement earned pension attributable to an effective pension age option, deferred earned pension attributable to that option;

(d) for a full retirement added (all beneficiaries) pension, deferred added (all beneficiaries) pension.

Full retirement pension ceases to be payable

59

(1) A full retirement pension ceases to be payable to a member who re-enters pensionable service under this scheme within 28 days after the last day of the service in relation to which the pension was payable.

(2) If paragraph (1) applies in relation to a member—

(a) the scheme manager must—

(i) cease to pay the pension; and

(ii) recover any payment of pension or lump sum made;

(b) close the full retirement account in accordance with regulation 49; and

CHAPTER 3 — Partial retirement benefits

Exercise of partial retirement option

60

(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 annual rate of P’s pensionable earnings is reduced to 80% of their amount before the change or less; and

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

(2) P may opt to continue in pensionable service but claim payment of the whole or part only of P’s accrued pensions 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 relation to a description of accrued pension.

Partial retirement option notice

61

(1) A partial retirement option may only be exercised—

(a) by notice to the scheme manager in a form required by the scheme manager (“option notice”); and

(b) in the 3 months after P’s pensionable earnings are reduced, on a date agreed by the member and the scheme manager.

(2) An option notice must specify—

(a) whether P claims payment of—

(i) the whole of P’s accrued pensions; or

(ii) part only of P’s accrued pensions; and

(b) if P claims payment of part only—

(i) the descriptions of accrued pension for which payment is claimed; and

(ii) the proportion of each description of accrued pension for which payment is claimed (“option proportion”), which must comply with regulation 62.

Option proportion

62

(1) A partial retirement option which relates to a description of accrued added pension must relate to all of the descriptions of P’s accrued added pension.

(2) If P claims payment of accrued standard earned pension, P must also claim payment of any of P’s accrued added pension.

(3) If P claims payment of P’s accrued added pension, P must also claim payment of any accrued standard earned pension.

(4) If P claims payment of part only of P’s accrued pensions, the following are the option proportions of each description of accrued pension which can be claimed—

(a) 100% of each of the descriptions of P’s accrued pension for which payment is claimed;

(b) an option proportion lower than 100% for one description of accrued pension claimed and 100% for each of the other descriptions of P’s accrued pension claimed.

(5) For the purposes of (4)(b), any accrued standard earned pension and accrued added pension claimed is treated together as if it were one description of accrued pension.

Entitlement to partial retirement pension or full retirement pension

63

An active member of this scheme (P) who exercises the partial retirement option is entitled to the immediate payment for life of—

(a) if P claims payment of part only of P’s accrued pensions, a partial retirement pension calculated in accordance with regulation 51; or

(b) if P claims payment of the whole of P’s accrued pensions, a full retirement pension calculated in accordance with regulation 48.

Annual rate of partial retirement pension

64

(1) This regulation applies if an active member of this scheme (P) exercises the partial retirement option in respect of part only of P’s accrued pensions.

(2) The annual rate of each description of partial retirement pension is calculated under regulation 57 by reference to the amount of each description of full retirement pension specified in the full retirement account.

(3) Regulation 57 applies as if—

(a) the reference to a full retirement pension were a reference to a partial retirement pension; and

(b) the reference to the full retirement account were a reference to the partial retirement account.

Annual rate of full retirement pension

65

(1) This regulation applies if an active member of this scheme (P) exercises the partial retirement option in respect of the whole of P’s accrued pensions.

(2) The annual rate of each description of full retirement pension is calculated under regulation57 by reference to the amount of that description of full retirement pension specified in the full retirement account.

(3) Regulation 57 applies as if the last day of pensionable service were the day before the day on which the member exercised the partial retirement option.

CHAPTER 4 — Ill-health benefits

Meaning of “permanent breakdown in health”

66

For the purposes of this Chapter, a member’s breakdown in health is “permanent” if it is likely to continue until the member reaches prospective normal pension age.

Meaning of “incapacity for employment”

67

For the purposes of this Chapter, a member’s permanent breakdown in health involves “incapacity for employment” if, as a result of the breakdown, the member is incapable of discharging the duties of their qualifying judicial office.

Entitlement to ill-health pension

68

(1) An active member of this scheme who has not reached normal pension age under this scheme is entitled to immediate payment of an ill-health pension under this scheme, in accordance with the provisions of this Chapter, if the following conditions are met—

(a) a member has claimed payment of an ill-health pension;

(b) a medical certificate states that the member has suffered a permanent breakdown in health involving incapacity for employment; and

(i) the member has at least 2 years qualifying service, or

(ii) where the member has less than 2 years qualifying service, the scheme manager determines that the member is entitled to an ill-health pension.

(2) A member who is entitled to immediate payment of an ill-health pension is entitled to a full retirement added pension of any description if the full retirement account specifies an amount of full retirement added pension of that description.

(3) The annual rate of an ill-health pension and any added pension payable under this regulation is calculated in accordance with regulation 69.

Annual rate of ill-health pension

69

(1) The annual rate of an ill-health pension is the sum of—

(a) the annual rate of full retirement earned pension, calculated in the same way as for an active member under regulation 57, but without subtracting the early payment reduction; and

(b) an ill-health enhancement.

(2) The annual rate of a full retirement added pension of any description payable with an ill-health pension is calculated in the same way as for an active member under regulation 57, but without subtracting the early payment reduction.

(3) In this regulation—

“an ill-health enhancement” means half the annual rate of a full retirement earned pension calculated in respect of a member’s assumed period of pensionable service and based on the member’s pensionable earnings as at the date their pensionable service ceases;

“the member’s assumed period of pensionable service” means the period (expressed in years)— beginning with the day after the member’s continuous period of pensionable service ceased; and ending with— for a member appointed for a fixed term, the day with which that term ends; or for all other appointments, the day before the day on which the member will reach prospective normal pension age (assuming that the member lives until that age).

Deferment of accrued earned pension attributable to a transfer value payment

70

(1) This regulation applies in relation to a member of this scheme—

(a) who is entitled to payment of an ill-health pension; and

(b) whose active member’s account as at the end of the last day of pensionable service specifies an amount of accrued earned pension attributable in whole or in part to a transfer value payment received by this scheme in relation to the member in the 24 months before that last day.

(2) If the scheme manager so directs, the member becomes a deferred member of this scheme in respect of that amount of accrued earned pension and accordingly—

(a) a deferred member’s account must be established under Part 5;

(b) that amount of accrued earned pension must be specified in the deferred member’s account as the provisional amount of deferred earned pension; and

(c) that amount of accrued earned pension is not included in the calculation of the annual rate of full retirement earned pension.

Deferment of added pension attributable to recent payments

71

(1) This regulation applies in relation to a member of this scheme—

(a) who is entitled to payment of an ill-health pension; and

(b) whose active member’s account as at the end of the last day of pensionable service specifies an amount of accrued added pension that is attributable in whole or in part to a lump sum payment for added pension made under Schedule 1 within the 12 months before the relevant day.

(2) The member becomes a deferred member of this scheme in respect of that amount of accrued added pension and accordingly—

(a) a deferred member’s account must be established under Part 5;

(b) that amount of accrued added pension must be specified in the deferred member’s account as the provisional amount of the relevant description of deferred added pension; and

(c) that amount of accrued added pension is not included in the calculation of the annual rate of full retirement added pension payable with the ill-health pension.

(3) In paragraph (1), “the relevant day” means—

(a) the day on which a medical certificate is produced in accordance with regulation 68(1) by virtue of which the member is entitled to payment of the ill-health pension; or

(b) if the member was on sick leave on that day and did not return to service from that leave, the day on which that leave began.

CHAPTER 5 — Payment options

Options under this Chapter

72

The options under this Chapter are—

(a) the option under regulation 74 to buy out the early payment reduction;

(b) the option under regulation 75 to defer payment of a full retirement added pension;

(d) the option under regulation 77 to exchange the whole of the member’s accrued pensions for a lump sum in cases of serious ill-health.

Exercising an option under this Chapter

73

(1) A member may exercise an option under this Chapter by notice to the scheme manager in a form required by the scheme manager.

(2) In this Chapter, “option notice” means a notice by which a member exercises an option under this Chapter.

Option to buy out early payment reduction

74

(1) This regulation applies if—

(a) a member of this scheme becomes entitled under Chapter2 or 3 to the immediate payment of a full retirement pension or a partial retirement pension; and

(b) the member has not reached—

(i) normal pension age under this scheme; or

(ii) if applicable, the member’s effective pension age.

(2) The member may opt under this regulation to buy out the early payment reduction that would otherwise apply to the calculation of the annual rate of retirement pension.

(3) The cost must be met by way of a special payment to this scheme made by—

(a) the member;

(b) the member’s employer; or

(4) Any special payment by the employer must be made with the consent of the scheme manager.

(5) The cost of buying out the early payment reduction is an amount determined by the scheme manager after consulting the scheme actuary.

Option to defer payment of added pension

75

(1) This regulation applies if a member of this scheme—

(a) becomes entitled to the immediate payment of a full retirement added pension of any description; and

(b) has not reached normal pension age under this scheme.

(2) The member may opt under this regulation to defer payment of the full retirement added pension of that description.

(3) A member who exercises the option under this regulation becomes a deferred member of this scheme in respect of the full retirement added pension of that description and accordingly—

(a) a deferred member’s account must be established under Part 5; and

(b) the amount of full retirement added pension of that description must be specified in the deferred member’s account as the provisional amount of deferred added pension of that description.

(4) The member is entitled to payment of the full retirement added pension of that description when the member gives notice to the scheme manager, in a form required by the scheme manager, that the member wishes to take that full retirement added pension.

(5) The annual rate of full retirement added pension is calculated in accordance with regulation58.

Option to commute part of pension

76

(1) A member who becomes entitled to the immediate payment of a retirement pension under this scheme may opt under this regulation to exchange part of the pension for a lump sum.

(2) An option under this regulation may only be exercised before the first payment of the pension is made.

(3) If a member exercises the option, for every £1 by which the amount of the member’s annual rate of pension is reduced, the member must be paid a lump sum of £12.

(4) A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 (pension schemes etc.) of the 2004 Act (see section241 of that Act[^f00033]).

(5) If paragraph (6) applies, the member may opt to exchange only so much of the pension (after subtracting the allocation amount, if any) that exceeds the guaranteed minimum, multiplied by such factor as is indicated for a person of the member’s description in tables provided by the scheme actuary.

(6) This paragraph applies if the member has a guaranteed minimum under section 10 (earner’s guaranteed minimum) of the 1993 Act[^f00034] in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer value payment from another pension scheme in respect of which the member had such a guaranteed minimum.

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