Judicial Pensions Act 1981

• (1) This paragraph applies to a person in whose case an election is in force under subsection (2) of the said section 11 (alternative election by person serving in a judicial office on 15 December 1950).

• (2) Eligibility for a pension in relation to which that service was relevant service shall not satisfy the conditions under which a widow’s or children’s pension may be granted under Part II of this Act.

• (3) Any lump sum payable in respect of that service shall not be reduced under paragraph 23 below, or under section 23 or 24 of this Act.

Relevant service wholly before 18 April 1973

14

• (1) Where the relevant service was wholly before 18 April 1973 Part II of this Act shall have effect subject to Part III of this Schedule.

• (2) This paragraph and the said Part III have effect subject to paragraphs 12 and 13 above.

Persons serving on 18 April 1973: election for application of paragraph 14 above

15

• (1) Subject to paragraph 28 below, this paragraph applies in relation to a person in whose case an election is in force under section 10(4)(b) of the Administration of Justice Act 1973 (election by person serving on 18 April 1973 not to accept the provisions of that section).

• (2) For the purposes of this Part of this Schedule that person shall be treated as if his relevant service was wholly before 18 April 1973.

• (3) For the purposes of this paragraph, there shall be left out of account any period of service during which an election under section 14A is in force in respect of a person, and no contribution towards a widow’s and children’s pension shall be made by that person for that period.

Pension not wholly attributable to service after 17 April 1973

16

• (1) Subject to paragraph 28 below, this paragraph applies in determining the amount of a pension under section 19 or 22 of this Act which is payable partly in respect of relevant service after 17 April 1973 but is not attributable wholly to that service.

• (2) The annual value of the widow’s pension or children’s pension that may be granted shall be determined in accordance with the following formula.

$$P1xRS1RS1+RS2+P2xRS2RS1+RS2$where—P1 is the annual amount of the pension that might be granted under Part II of this Act with the modifications in Part III of this Schedule,P2 is the annual amount of the pension that might be granted under Part II of this Act without those modifications,RS1 is the length of relevant service before 18 April 1973,RS2 is the remainder of the relevant service.$

• (2A) There shall be left out of account, in calculating RS2 in sub-paragraph (2) above, any period of service during which an election under section 14A is in force in respect of a person.

• (3) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before 18 April 1973 as does not add to the amount of the personal pension, and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.

Persons serving on 18 April 1973: election for pensions wholly attributable to service on or after that date

17

• (1) This paragraph applies in relation to a person in whose case an election is in force under section 10(4)(a) of the Administration of Justice Act 1973 (election by person serving on 18 April 1973).

• (2) For the purposes of this Part of this Schedule that person shall be treated as if his relevant service was wholly after 17 April 1973.

Saving for provisions about elections

18

The repeals made by this Act shall not affect any election, or revocation of an election, mentioned in this Part of this Schedule, or the power of making regulations as respects those elections which is conferred by section 10(4) of the Administration of Justice Act 1973.

Part III — Modification of Part II in Relation to Service before April 1973

19

In the cases specified in paragraphs 14 and 15 above Part II of this Act shall have effect subject to the modifications in this Part of this Schedule.

Widow’s pension

20

In section 19(3) for “one half” substitute “ one third ”.

Children’s pension

21

In section 22 for subsections (2) and (3) substitute—

(2) Where the deceased leaves no widow and, if he leaves a widow, after her death, the annual amount of a children’s pension— (a) while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the annual amount of the personal pension; (b) while the said persons are two in number, may amount to one-quarter of the annual amount of the personal pension; (c) while there is only one such person, may amount to one-sixth of the annual amount of the personal pension. (3) Subject to the provisions of the next succeeding subsection where the deceased leaves a widow, the annual amount of a children’s pension during her life— (a) while the persons for whose benefit it can enure are four or more in number, may amount to one-third of the annual amount of the personal pension; (b) while the said persons are three in number, may amount to one-quarter of the annual amount of the personal pension; (c) while the said persons are two in number, may amount to one-sixth of the annual amount of the personal pension; (d) while there is only one such pension, may amount to one-twelfth of the annual amount of the personal pension.

Contributions

22

Neither section 23, nor any regulations under that section, shall apply, and except where section 24 applies (judicial office held by a woman) contributions towards the cost of any pension or pensions under section 19 or 22 of this Act shall be made in accordance with paragraph 23 below.

23

• (1) The contribution shall take the form of a reduction in the lump sum which may be granted under section 17 of this Act in respect of the man’s service.

• (2) The amount of the contribution shall be equal to the annual amount of the personal pension:

• (3) No contribution shall be made in the case of a man who at no time during his relevant service had a wife.

SCHEDULE 3

Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)

1

Section 118 of the Supreme Court of Judicature (Consolidation) Act 1925 (which treats certain officers of the Supreme Court as employed in the civil service for the purposes of salary and pension) so far as it relates to pension shall not apply to any officer of the Supreme Court within paragraph 1 of Schedule 1 to this Act.

Superannuation Act 1965 (c. 74)

2

In section 39A of the Superannuation Act 1965 (inserted by section 30 of the Administration of Justice Act 1969) for subsection (6) substitute—

(6) In this section— “judicial office” means any judicial office as defined in section 16 of the Judicial Pensions Act 1981, with paragraphs 5, 6 and 10 of Schedule 2 to that Act and any office to which Part II of that Act applies as it applies to a judicial office so defined, “judicial office remunerated out of central funds” means any judicial office with the exception of stipendiary magistrate pensionable under section 33 of the Justices of the Peace Act 1949, or recorder of Liverpool or Manchester, “pension” has the meaning assigned to it by section 38(6) of this Act.

Parliamentary Commissioner Act 1967 (c. 13)

3

• (1) Schedule 1 to the Parliamentary Commissioner Act 1967 shall be amended as follows.

• (2) In paragraph 1 as amended by paragraph 63 of Schedule 6 to the Superannuation Act 1972 for “Schedule 1 to the Judicial Pensions Act 1959” substitute “ section 1 of the Judicial Pensions Act 1981 ”.

• (3) In paragraph 2 for the words from “Judicial Pensions Act 1959” to “dependants pensions)” substitute “ sections 2 to 4 and 17 to 24 of the Judicial Pensions Act 1981, ”, and for the words from “Schedule 1 to the said Act of 1959” to the end of the paragraph substitute “ section 1 of the Judicial Pensions Act 1981 and service in any such office ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

4

• (1) The Superannuation (Miscellaneous Provisions) Act 1967 shall be amended as follows.

• (2) In section 3(3) for “the Administration of Justice (Pensions) Act 1950” substitute “ section 6 of the Judicial Pensions Act 1981 ”.

• (3) For section 3(4) substitute—

(4) This section applies to the following offices— - Sheriff principal or salaried sheriff in Scotland. - Judge Advocate General. - Member of Lands Tribunal, or Lands Tribunal for Scotland. - Chairman of the Scottish Land Court. - President of employment tribunals, or other office pensionable under section 12 of the Judicial Pensions Act 1981. - Social Security Commissioner. - Any office within paragraph 1 of Schedule 1 to the Judicial Pensions Act 1981 (certain officers of Supreme Court in England and Wales, county court registrars and president of the Transport Tribunal). - Permanent Secretary to the Lord Chancellor. - Official Solicitor to the Supreme Court. - Registrar, Chancery Division of the Supreme Court. - Lord Chancellor’s Medical Visitor. - Member of the Restrictive Practices Court appointed under section 3(1) of the Restrictive Practices Act 1976.

Courts Act 1971 (c. 23)

5

In section 19(5) of the Courts Act 1971 for “the Administration of Justice (Pensions) Act 1950” substitute “ section 16 of the Judicial Pensions Act 1981 ”.

6

• (1) Schedule 2 to the Courts Act 1971 shall be amended as follows.

• (2) In paragraphs 5, 6, 7 and 8 references to section 19 of that Act shall include references to section 5 and Part II of this Act.

• (3) In paragraph 9(1)(a) for “19 of this Act” substitute “ 5 of the Judicial Pensions Act 1981 ”.

• (4) In paragraph 9(1)(b) for “subsection (5) of that section” substitute “ section 19(5) of this Act ”.

Pensions (Increase) Act 1971 (c. 56)

7

• (1) The Pensions (Increase) Act 1971 shall have effect in relation to the pensions specified in sub-paragraph (2) below as if they were included in Part I of Schedule 2 to that Act.

• (2)

• (a) pension payable under Part I of, or Schedule 1 to, this Act, other than a pension payable under section 11 of this Act.

• (b) A pension payable out of the Consolidated Fund, or out of money provided by Parliament, under Part II of this Act.

• (3) Sub-paragraph (2)(b) above includes a widow's, widower's, surviving civil partner's or children’s pension in respect of service as chairman or deputy chairman of the Monopolies and Mergers Commission, or a pension payable out of money provided by Parliament in accordance with any recommendation under paragraph 5 of Schedule 1 to the Monopolies and Mergers Act 1965.

• (4) In the case of a pension under section 13 of this Act it shall be the duty of the Secretary of State to increase the pension in accordance with the Pensions (Increase) Act 1971.

Superannuation Act 1972 (c. 11)

8

• (1) In section 13(1) of the Superannuation Act 1972 for “Schedule 1 to the Judicial Pensions Act 1959” substitute “ section 1 of the Judicial Pensions Act 1981 ”.

• (2) In subsection (2) of the said section 13 for the words from “the Judicial Pensions Act 1959” to “dependants’ pensions” substitute “ Chapter I of Part I and sections 17 to 24 of the Judicial Pensions Act 1981 ”, and for the words from “Schedule 1 to the said Act of 1959” to the end of the subsection substitute “ section 1 of that Act and service in any such office ”.

Administration of Justice Act 1973 (c. 15)

9

In section 9(4) of the Administration of Justice Act 1973 for “the Administration of Justice (Pensions) Act 1950” substitute “ section 16 of the Judicial Pensions Act 1981 ”.

Social Security Act 1980 (c.30)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Interpretation.

13A

There may be paid to persons who have held the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.

14A

• (1) The provisions regulating the pensions which may be received under the preceding sections and schedule 1 of this Act and under the Sheriffs’ Pensions (Scotland) Act 1961 are to take effect subject to the modifications contained in this section.

• (2) In this section—

• “election” means an election made under subsection (3) of this section;

• “judicial office” means one of the several offices referred to in sections 1, 5, 6, 7, 8, 10, 11, 12, 13 and 14 of and schedule 1 to this Act;

• “judicial pension schemes” means the occupational pension schemes constituted by this Act and the Sheriffs’ Pensions (Scotland) Act 1961 to provide personal pensions and derivative benefits to persons in any of the judicial offices and their widows, surviving civil partners and children, and “judicial pension scheme” and “relevant judicial pension scheme” have corresponding meanings;

• “the Minister” in relation to judicial office held exclusively in Scotland means the Secretary of State for Scotland and otherwise means the Lord Chancellor;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person who is eligible for a pension in any judicial office shall while in judicial office

• (a) be deemed to be a member of the relevant judicial pension scheme except during such time as an election is in force in respect of him; and

• (b) be entitled at any time to serve on the Minister a written notice of election not to be a member of the relevant judicial pension scheme, to take effect on a date not less than one month after the date on which it was served.

• (4) At any time after a person has made an election and while he continues to hold judicial office

• (a) he may make a written application to the Minister requesting admission to membership of the judicial pension scheme relevant to the judicial office which he holds, and

• (b) the Minister may, if satisfied that the applicant is in good health, admit him to the relevant judicial pension scheme on a date not less than three months after the date on which the application was served, and

• (c) upon the date of the applicant’s admission to the relevant judicial pension scheme, his election shall cease to be in force.

• (5) An application under subsection (4) above shall supply such evidence relating to his health as the Minister may reasonably require and shall submit to any medical examination reasonably specified by the Minister.

• (6) The Minister shall notify an application under subsection (4) of his decision in writing within three months after the date on which the application was served.

• (7) Subject to the provisions of subsection (4) above, an election shall be irrevocable and an election shall not cease to be in force by reason only of a person becoming the holder of a judicial office different from the one which he held when he made the election.

• (8) An election shall not affect its maker’s eligibility for a pension which accrued under any judicial pension scheme before that election came into force.

• (9) While an election remains in force in respect of a person, his service shall not be counted as service or relevant service in computing the pension for which he is eligible under any judicial pension scheme.

Application of Part II, and interpretation.

16A

For the purpose of the calculation of any derivative benefit under this Part, in respect of a person who is eligible for a pension for service in any judicial office, there shall be left out of account any period of service during which an election under section 14A was in force in respect of that person.

18A

• (1) Section 18 above shall have effect in relation to the death of a female person who has, or has had, a husband or civil partner as it has effect in relation to the death of a male person who has, or has had, a wife or civil partner but as if—

• (a) for the words “widow”, “widow’s pension” and “wife” there were substituted “widower”, “widower’s pension” and “husband”; and

• (b) for the words “his”, “he” and “him” there were substituted “hers”, “she” and “her”.

• (2) The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.

• (2A) The transitional provisions in Part 5 of Schedule 2 to this Act shall have effect in relation to surviving civil partners' pensions.

29A

Schedule 1A shall have effect with respect to the transfer of accrued rights into and out of the judicial pension schemes constituted by this Act and the Sheriffs’ Pensions (Scotland) Act 1961.

29B

• (1) The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme constituted under or by virtue of this Act—

• (a) a payment under paragraph 1(3) of Schedule 5 to the Welfare Reform and Pensions Act 1999,

• (b) a payment under section 95 of the Pension Schemes Act 1993 , or

• (c) any other payment,

to the extent that that payment directly or indirectly represents a pension credit.

• (2) In this section “the appropriate Minister” means—

• (a) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or

• (b) subject to paragraph (a), the Lord Chancellor.

32A

• (1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

• (a) the interpretation of the rules of the scheme, or

• (b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the appropriate Minister against that decision.

• (2) On deciding an appeal under this section, the appropriate Minister may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

• (3) The persons to whom this section applies are the following—

• (a) any member of the scheme;

• (b) the widow , widower or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;

• (c) where the decision relates to the question—

• (i) whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) above is such a person, or

• (ii) whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

• (4) Regulations may make provision as to the manner in which, and time within which, appeals under this section are to be brought.

• (5) The administrators shall be entitled to appear and be heard on any appeal under this section.

• (5A) Regulations under subsection (4) are to be made by statutory instrument.

• (5B) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In this section—

• “ the administrators ”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

• “ the appropriate Minister ” means— in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; orsubject to paragraph (a) above, the Lord Chancellor;

• “ member ”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

• “ regulations ” means regulations made by the appropriate Minister;

• “ relevant pension scheme ” means any pension scheme constituted under or by virtue of this Act;

• “ rules ”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.

33A

• (1) Regulations shall make provision

• (a) entitling any member of a judicial pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the cost of the provision of additional benefits whether under the scheme or otherwise; or

• (b) imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a) above) which he may have to make any such voluntary contributions.

• (1A) The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to—

• (a) the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and

• (b) the amount which any such member may pay by way of such contributions;

and, without prejudice to the generality of paragraph (b) above, the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) above will not exceed the limit prescribed under that paragraph.

• (1B) The regulations may—

• (a) prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A) above;

• (b) confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

• (c) permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits—

• (i) to, or to any officers of, the Commissioners of Inland Revenue; or

• (ii) to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question.

• (2) The regulations—

• (a) may not prohibit the payment of voluntary contributions;

• (b) may not impose any limit on the amount which any member may pay by way of voluntary contributions other than . . . —

• (i) such upper limit as may be imposed by virtue of subsection (1A)(b) above; . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and

• (d) must secure that the value of such additional benefits is reasonable, having regard to—

• (i) the amount paid by way of voluntary contributions;

• (ii) the value of the other benefits provided under the scheme; and

• (iii) the general value of benefits available to a person under any contract of life insurance entered into by him with an insurer;

but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Act or the Sheriffs’ Pensions (Scotland) Act 1961.

• (3) The regulations may, in particular—

• (a) provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary; . . .

• (b) prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any such limit as is mentioned in subsection (2)(b) above.

• (c) provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;

• (d) provide for the manner in which voluntary contributions are to be made;

• (e) make provision for, and in connection with, the valuation of a person’s accrued rights—

• (i) under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

• (ii) under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

• (f) prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

• (g) make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

• (h) provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

• (j) provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

• (k) specify any authorised providers—

• (i) who are to invest any prescribed voluntary contributions, or

• (ii) who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed—

• (a) to be charged on, and paid out of, the Consolidated Fund; or

• (b) to be paid out of money provided by Parliament.

• (5) Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision with respect to any enactment referring or relating to lump sums payable under Part II of this Act.

• (5A) The regulations may make different provision for different classes or descriptions of voluntary contributions scheme.

• (6) Regulations under this section may be made—

• (a) by the Lord Chancellor; or

• (b) in relation to pensions for service in offices existing only in Scotland, by the Secretary of State,

with the consent of the Treasury.

• (7) The power to make regulations under this section shall be exercisable by statutory instrument.

• (8) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) In this section—

• “ administrators ”, in relation to any scheme, means the persons entrusted with the administration of that scheme;

• “ aggregable benefits ” means— any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1) above;such additional benefits so mentioned as may be prescribed; andsuch retained benefits as may be prescribed;

• “authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means—a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;......

• “ employment ” has the same meaning as it has in the Pension Schemes Act 1993 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);

• “insurer” means—a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;...

• “judicial pension scheme” has the meaning given by section 14A(2) above;

• “member” means member of a judicial pension scheme;

• “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993 ;

• “personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 or, in relation to Northern Ireland, section 1 of the Pension Schemes (Northern Ireland) Act 1993;

• “ prescribed ” means specified in, or determined in accordance with, the regulations;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ retained benefits ”, in the case of any person, means any rights retained by him to . . . benefits under any occupational or personal pension scheme which is registered under Part 4 of the Finance Act 2004 , being rights which accrued during some previous employment;

• “ surplus funds ”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b) above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ voluntary contributions ”, in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;

• “ voluntary contributions scheme ” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;

and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

• (9A) In subsection (9), the definitions of “authorised provider” and “insurer” must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act.

• (9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Without prejudice to subsections (3)(c) and (d) and (4A) above, there may be paid out of money provided by Parliament—

• (a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

• (b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

• (11) Any sums received under this section may be paid into the Consolidated Fund.

SCHEDULE 1A

Part I — General

Interpretation

1

• (1) In this Schedule—

• (2) The definition of “authorised insurer” in sub-paragraph (1) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000;

• (b) any relevant order under that section;

• (c) Schedule 2 to that Act.

Regulations

2

Regulations for the purposes of this Schedule—

• (a) may be made, with the concurrence of the Treasury, by the Lord Chancellor or, in relation to Scotland, the Secretary of State;

• (b) shall be made by statutory instrument;

• (c) shall be subject to annulment in pursuance of a resolution of either House of Parliament;

• (d) may make different provision for different cases; and

• (e) may make provision for consequential, transitional and incidental matters.

Other provisions about transfer values

3

Chapter 1 of Part 4ZA of the Pension Schemes Act 1993 (transfer values) and Chapter 1 of Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993 (corresponding Northern Ireland provisions) shall not apply in relation to those schemes to which this Schedule applies.

Part II — Transfers Out

Qualifying members

4

• (1) Where the conditions mentioned in sub-paragraph (2) are satisfied, this Part of this Schedule applies to any person—

• (a) to or in respect of whom benefits are payable under a scheme; and

• (b) whose qualifying service ends after this Schedule comes into force.

• (2) The conditions are that—

• (a) his qualifying service ends at least one year before he reaches normal pension age; and

• (b) on the date on which it ends—

• (i) he has accrued rights to benefit under the scheme; or

• (ii) he would have such rights if his service in judicial office had also ended on that date.

Qualifying member’s right to a transfer payment

5

• (1) When his qualifying service ends, a qualifying member acquires a right to the cash equivalent at the relevant date of any benefits—

• (a) which have accrued to, or in respect of him, under the scheme; or

• (b) where service of his in judicial office is disregarded service, which would have so accrued if his service in judicial office had ended on the same date as that on which his qualifying service ended.

• (2) In this paragraph “the relevant date” means—

• (a) the date when the qualifying member’s qualifying service ends; or

• (b) the date of any application which he has made under paragraph 6 and which has not been withdrawn,

whichever is the later.

Method of taking cash benefit

6

• (1) A qualifying member who acquires a right to a cash equivalent under paragraph 5 may only take it by exercising the option conferred by this paragraph.

• (2) The option is that of requiring the Treasury to use the cash equivalent in whichever of the following ways the qualifying member chooses—

• (a) for acquiring transfer credits allowed under the rules of another occupational pension scheme—

• (i) whose trustees or managers are able and willing to accept him; and

• (ii) which satisfies prescribed requirements;

• (b) for acquiring rights allowed under the rules of a personal pension scheme—

• (i) whose trustees or managers are able and willing to accept him; and

• (ii) which satisfies prescribed requirements;

• (c) for purchasing from one or more authorised insurers —

• (i) chosen by the qualifying member; and

• (ii) willing to accept payment on his account from the Treasury,

one or more annuities which satisfy prescribed requirements;

• (d) for subscribing to other pension arrangements which satisfy prescribed requirements.

• (3) Without prejudice to the generality of the power to prescribe requirements under sub-paragraph (2), such requirements may provide that pension arrangements or a scheme or annuity must satisfy such requirements of the Commissioners for Revenue and Customs as may be prescribed.

• (4) A qualifying member may exercise his option in different ways in relation to different portions of his cash equivalent.

• (5) A qualifying member who exercises his option must do so in relation to the whole of his cash equivalent or, where sub-paragraph (6) applies, in relation to the whole of the reduced cash equivalent.

• (6) Where—

• (a) the trustees or managers of—

• (i) an occupational pension scheme which is not a contracted-out scheme, or

• (ii) a personal pension scheme which is not an appropriate scheme under section 7 of the Pension Schemes Act 1993, section 3 of the Pension Schemes (Northern Ireland) Act 1993 or under any prescribed provision, or

• (iii) a self-employed pension arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985, regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987, regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1987 or any other prescribed provision,

are able or willing to accept a transfer payment only in respect of a qualifying member’s rights other than his accrued rights to a guaranteed minimum pension or his protected rights; and

• (b) the member has not required the Treasury to use the portion of his cash equivalent which represents a guaranteed minimum pension or protected rights in any of the ways specified in sub-paragraph (2),

paragraph 5, this paragraph and paragraph 7 are to be read as conferring on the member an option only in respect of the reduced cash equivalent.

• (7) In this paragraph “reduced cash equivalent” means a sum equal to the balance of the cash equivalent to which the qualifying member would be entitled if sub-paragraph (6) did not apply, after deduction of an amount sufficient for the Treasury to meet its liability in respect of the member’s guaranteed minimum pension or protected rights or those of his widow, or her widower.

Calculation of cash equivalents

7

• (1) Cash equivalents are to be calculated and verified in the prescribed manner.

• (2) Regulations made under sub-paragraph (1) may, in particular, provide—

• (a) that in calculating cash equivalents account shall be taken—

• (i) of any surrender or forfeiture of the whole or part of a qualifying member’s pension which occurs before the Treasury does what is needed to comply with the choice made by him in exercising his option;

• (ii) in a case where paragraph 6(6) applies, of the need to deduct an appropriate amount to provide a guaranteed minimum pension or give effect to protected rights; and

• (b) that in prescribed circumstances a qualifying member’s cash equivalent shall be increased or reduced.

• (3) Without prejudice to the generality of sub-paragraph (2), the circumstances that may be specified by virtue of paragraph (b) of that sub-paragraph include the length of time which elapses between the termination of a qualifying member’s qualifying service and his exercise of the option conferred by paragraph 6.

Time within which option must be exercised

8

• (1) A qualifying member may only exercise his option on or before the last option date.

• (2) The last option date is—

• (a) the date which falls one year before the date on which the qualifying member reaches normal pension age; or

• (b) the end of the period of six months beginning with the date on which his qualifying service ends,

whichever is the later.

• (3) A qualifying member loses the right to any cash equivalent under this Schedule if—

• (a) his pension becomes payable before he reaches normal pension age; or

• (b) he fails to exercise his option on or before the last option date.

Option to be exercised in writing

9

• (1) A qualifying member may only exercise his option by making an application in writing to the Treasury.

• (2) In any case where—

• (a) a qualifying member has exercised his option; and

• (b) the Treasury has done what is needed to comply with the choice made by him in exercising his option,

the Treasury shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in any such cases as are mentioned in paragraph 6(6), to the extent that an obligation to provide guaranteed minimum pensions or give effect to protected rights continues to subsist.

• (3) If the Treasury receives an application under this paragraph, it shall be its duty, subject to the following provisions of this paragraph, to do what is needed to comply with the choice made by the qualifying member in exercising his option—

• (a) within twelve months of the date on which it receives his application; or

• (b) by the date on which he attains normal pension age,

whichever is the earlier.

Cancellation of exercise of option

10

• (1) A qualifying member may cancel the exercise of his option by giving the Treasury notice in writing that he no longer wishes it to be exercised.

• (2) No such notice shall have effect if it is given to the Treasury at a time when, in order to comply with the choice made by the qualifying member in exercising his option, the Treasury has entered into an agreement with a third party to use the whole or part of his cash equivalent in a way specified in paragraph 6(2)(a), (b), (c) or (d).

• (3) A qualifying member who withdraws an application may make another.

Part III — Transfers In

Application to accept payment into scheme

11

• (1) Where a member of a scheme has asked the appropriate Minister to accept a payment representing the cash equivalent of his accrued rights in any other qualifying scheme, that Minister may—

• (a) to the extent to which it does not exceed the prescribed limit, accept the payment or any part of it; or

• (b) refuse to accept the payment or any part of it.

• (2) A request under sub-paragraph (1) must be made—

• (a) in writing;

• (b) before the person making it has reached normal pension age; and

• (c) not less than one year before he becomes entitled to a pension on retirement from his qualifying service.

• (3) In this paragraph—

• “the prescribed limit” means the limit prescribed by regulations made by virtue of paragraph 13(a);

• “qualifying scheme” means—

• (a) an occupational pension scheme, a personal pension scheme, or an annuity purchased from an authorised insurer, which satisfies prescribed requirements; or

• (b) other prescribed pension arrangements; and

Cancellation of request

12

• (1) A member may, by notice in writing given to the appropriate Minister, cancel a request made by him under paragraph 11, at any time before it has been accepted.

• (2) A transferring member who withdraws an application may make another.

Regulations

13

Regulations may—

• (a) prescribe limits on the amounts which the appropriate Minister may accept under paragraph 11(1) above;

• (b) make provision as to the manner in which payments are to be accepted into a scheme under this Part of this Schedule;

• (c) make provision as to the benefits which are to be provided to a member to reflect any such payment accepted with respect to him;

• (d) prescribe formulae, based on tables of factors provided by the Government Actuary, to be used when performing any calculation relating to the acceptance of transfer payments or the provision of benefits.

Judicial offices within Chapter II of Part I

Part IV — Widower’s Pensions

General

24

In this Part of this Schedule—

• “the commencement date” means the date on which Schedule 12 to the Courts and Legal Services Act 1990 came into force;

• “the publication date” means the date of publication, by order of the House of Lords, of the Bill for the Courts and Legal Services Act 1990, that is to say 7th December 1989; and

• “member” means a female person who holds judicial office and to or in respect of whom benefits are payable under this Act, or the Sheriffs’ Pensions (Scotland) Act 1961, on her retirement.

Service wholly before the commencement date

25

Subject to paragraph 26, no widower’s pension shall be payable in respect of a member who retires on or before the commencement date.

Members retiring between publication and commencement date

26

• (1) A member who retires—

• (a) on or after the publication date; but

• (b) before the commencement date,

may, before the end of the period of six months beginning with the commencement date, opt for her husband to be entitled to a widower’s pension on her death.

• (2) Regulations may make provision as to—

• (a) the manner and form in which an option under this paragraph is to be exercised;

• (b) the payment, by any member exercising such an option, of a contribution towards the cost of liability for the widower’s pension; and

• (c) the annual value of a widower’s pension granted as a result of the exercise of the option given by this paragraph.

Service partly before and partly after the commencement date

27

• (1) No widower’s pension shall be payable in respect of a member who—

• (a) holds judicial office on or before the commencement date; and

• (b) continues to do so after that date,

unless, before the end of the period of six months beginning with that date, she opts for her husband to be entitled to a widower’s pension on her death.

• (2) A member exercising such an option shall specify whether the annual value of the widower’s pension is to be calculated—

• (a) under sub-paragraph (3); or

• (b) on the assumption that all her relevant service fell after the commencement date.

• (3) Where the annual value of a widower’s pension falls to be calculated under this sub-paragraph its value shall be determined by applying the formula—

$WP1xWP2xRS1RS2$

where-

• WP1 is the annual value of the widower’s pension,

• WP2 is the annual value of the widower’s pension that would be payable on the assumption mentioned in sub-paragraph (2)(b),

• RS1 is the length of the member’s relevant service after the commencement date, and

• RS2 is the whole of her relevant service.

• (4) No period of service during which an election under section 14A is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).

• (5) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service before the commencement date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service before that date adds to the amount of the personal pension.

Pension not wholly attributable to service after 17 April 1973

28

• (1) This paragraph applies to a member who, apart from this paragraph, would be a person to whom paragraph 15 or 16 of Part II of this Schedule applies.

• (2) Where such a member has exercised an option under paragraph 26 or 27, this paragraph shall apply in respect of her, and paragraph 15 or, as the case may be, paragraph 16 shall cease to apply.

• (3) For the purposes of calculating the annual value of—

• (a) the widower’s pension payable in respect of such a member; and

• (b) any children’s pension so payable,

the member shall be treated as if none of her relevant service fell before 18 April 1973.

PART 5 — SURVIVING CIVIL PARTNERS' PENSIONS

General

29

In this Part of this Schedule—

• “the relevant date” means 4th December 2005; and

• “member” means a person who holds judicial office and to or in respect of whom benefits are payable under this Act, or the Sheriffs' Pensions (Scotland) Act 1961 , on his or her retirement.

Service wholly on or before the relevant date

30

No surviving civil partner's pension shall be payable in respect of a member who retires on or before the relevant date.

Service on and after the relevant date

31

• (1) A member who—

• (a) holds judicial office on the relevant date; and

• (b) continues to do so after that date,

shall have the annual value of a surviving civil partner's pension in respect of the member calculated on the assumption that all of the member's relevant service fell after the relevant date.

• (2) Sub-paragraph (1) does not apply if, within six months of the date of the member's formation of a civil partnership, the member opts for the annual value of the surviving civil partner's pension to be calculated under sub-paragraph (3).

• (3) Where the annual value of a surviving civil partner's pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—

$$CPP1=(CPP2xRS1)dividedbyRS2$where—CPP1 is the annual value of the surviving civil partner's pension,CPP2 is the annual value of the surviving civil partner's pension that would be payable on the assumption mentioned in sub-paragraph (1),RS1 is the length of the member's relevant service after the relevant date, andRS2 is the whole of the member's relevant service.$

• (4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.

• (5) An election under sub-paragraph (2) must be made in writing to the administrators.

• (6) An election under sub-paragraph (2) is irrevocable.

Editorial notes