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

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

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

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

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

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

Step 1Find the member’s pensionable earnings as set out under regulation 16 for each scheme year.

Step 2Multiply the member contributions rate as calculated under regulation 105 by the pensionable earnings for each scheme year.

Step 3Add together the amounts calculated under Step 2.

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

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

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

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

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

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

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

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

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

Eligible persons

Service in two or more qualifying judicial offices

Employer Cost Cap

117A

(1) The employer cost cap for this scheme is 33.1% of pensionable earnings for members of this scheme.

(2) If the cost of this scheme goes beyond the margin either side of the employer cost cap for this scheme specified in regulations under section 12(5)(a) (employer cost cap) of the Act, the Lord Chancellor must consult the scheme advisory board and such persons as appear likely to be affected by any steps that may be taken, with a view to reaching agreement with the relevant heads of jurisdiction on the steps required to achieve the target cost for this scheme.

(3) If, following such consultation, agreement is not reached, the percentage of the member’s pensionable earnings specified in regulation 30(3) as the amount of earned pension for a scheme year must be adjusted for pensionable earnings after the date of adjustment, so that the target cost for this scheme is achieved.

(4) In this regulation—

(a) “cost of this scheme” means the cost of this scheme calculated following a valuation in accordance with regulation 117;

(b) “target cost for this scheme” means the target cost for this scheme specified in regulations under section 12(5)(b) (employer cost cap) of the Act.

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