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

(58A) (1) Contributions payable under regulations 53A, 54A or 55A may be paid— (a) by way of a lump sum at any time during the period of 6 months beginning with 1st April 2023; (b) by way of such deductions from fees paid to P in respect of fee-paid days as may be specified in an agreement between P and the appropriate Minister. (2) For the purposes of paragraph (1)(b), a “fee-paid day” means a day in respect of which P receives a fee in P’s capacity as a holder of an eligible fee-paid judicial office. (3) The deductions specified under paragraph (1)(b)— (a) must be of fixed monetary amounts; and (b) must be the same for each fee. (4) A new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into. (5) Regulation 65 applies as if the references to pre-commencement dependants’ contributions included any contributions paid under regulations 54A and 55A. (6) Except to the extent that contributions payable under regulations 53A, 54A or 55A have already been paid under paragraph (1), they are to be paid by way of deduction from— (a) any lump sum payable to P under regulation 11N or Part 3; or (b) where P dies before retiring, any lump sum payable for death in service in respect of P under regulations 11X or 45, or under regulation 102 of the Judicial Pensions Regulations 2022¹⁸.

Amendment of regulation 62

41

In regulation 62—

• (a) in paragraph (2)—

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

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

• (b) in paragraph (3)—

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

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

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

• (c) after paragraph (3) insert—

(3ZA) If the fee was for an office specified in Table 1 or Table 2 of Schedule 1, the relevant column is column 3. (3ZB) If the fee was for an office specified in Table 3 or 4 of Schedule 1, the relevant column is column 4.

• (d) omit paragraphs (3A), (3B), (3C)¹⁹, (4), (5) and (6);

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

Omission of regulation 63

42

Omit regulation 63.

Commutation of small pensions

43

After regulation 69 insert—

(69A) (1) This regulation applies if the cash value of the retirement benefits of a member who retires on or after 1st April 2023, or of such a member’s beneficiary, does not exceed the small pensions commutation maximum. (2) The administrators must, subject to paragraph (3) and after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if— (a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the retirement benefits; and (b) the requirements of the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme, are met. (3) The administrators may not pay a lump sum to a member under paragraph (2) which would be a trivial commutation lump sum had this scheme been a registered pension scheme where— (a) the member has been paid a trivial commutation lump sum from any registered pension scheme; and (b) a period of 12 months has elapsed from the date of that payment (or the earlier or earliest such payment where there is more than one). (4) The administrators must, after taking appropriate actuarial advice, pay the member or the member’s beneficiary a lump sum of such amount as represents the cash value of the retirement benefits if— (a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the retirement benefits; and (b) the cash value of the retirement benefits is less than £10,000. (5) A lump sum under this regulation may only be paid— (a) on or after the date when the member or member’s beneficiary is entitled to payment of a pension; and (b) before the first payment of the pension is made. (6) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension. (7) In this regulation— - “beneficiary” includes a transferee within the meaning of regulation 29(1); - “the commutation provisions” means the provisions permitting the commutation of pensions set out in—paragraph 7 of Schedule 29 (registered pension schemes: authorised lump sums - supplementary) to the Finance Act 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act)²⁰ and, in relation to a pension payable under Part 8, paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act)²¹; andPart 2 (commutation payments) of the Registered Pension Schemes (Authorised Payments) Regulations 2009²²; - “retirement benefits” means all benefits payable under these Regulations, including any additional benefits purchased by the member; - “the small pensions commutation maximum” means the amount that is permitted to be commuted taking account of all sources of pension and having regard to the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme.

Amendment of regulation 72

44

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

Amendment of regulation 84

45

In regulation 84—

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

• (b) after paragraph (3) insert—

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

Amendment of regulation 103

46

In regulation 103—

• (a) in paragraph (1)—

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

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

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

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

• (v) at the end insert—

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

• (b) after paragraph (1) insert—

(1A) In relation to fee-paid days between 1st April 2015 and 31st March 2022, regulation 4 applies for the purposes of this Part as if paragraph (2)(c) were omitted. (1B) References in this Part to reckonable service and to qualifying fee-paid days are to be read as including a reference to fee-paid days in judicial office after 31st March 2022 as if the principal scheme had not been closed to further accruals.

Amendment of regulation 104

47

In regulation 104—

• (a) for paragraph (1) substitute—

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

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

Amendment of regulation 105

48

In regulation 105—

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

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

Amendment of regulation 107

49

In regulation 107(3)—

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

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

Amendment of regulation 108

50

In regulation 108—

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

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

Amendment of regulation 109

51

In regulation 109(3)—

• (a) after “If the reckonable service” insert “in relation to which benefits are to be calculated under the post-1995 provisions”;

• (b) for “the eligible fee paid” substitute “those”.

Amendment of regulation 110

52

• (1) In the heading to Chapter 3 preceding regulation 110, for “active” substitute “unretired”.

• (2) In the heading to regulation 110, for “active” substitute “unretired”.

• (3) In regulation 110—

• (a) in the opening words of paragraph (1), for “active” substitute “unretired”;

• (b) in paragraph (1)(c), after “each year” insert “in any office in relation to which benefits are to be calculated under the post-1995 provisions”;

• (c) in paragraph (3)(a), after “retirement date” insert “and for this purpose regulation 103(1A) and (1B) does not apply”.

Amendment of regulation 111

53

In regulation 111—

• (a) in the regulation heading and in the opening words of paragraph (1), for “active” substitute “unretired”;

• (b) in paragraph (3)(b), after “fees” insert “or salary”;

• (c) in paragraph (4)(a)(i), after “question” insert “for any office in relation to which benefits are to be calculated under the post-1995 provisions”;

• (d) in paragraph (5), after “fee-paid days” insert “in any office in relation to which benefits are to be calculated under the post-1995 provisions”.

Amendment of regulation 112

54

In regulation 112, in the regulation heading and in the opening words of paragraph (1), for “active” substitute “unretired”.

Amendment of regulation 113

55

In regulation 113—

• (a) in paragraph (1), for “active” substitute “unretired”;

• (b) after paragraph (4) insert—

(4A) If a retired member purchases a number of added years (“AY”) after making an election under regulation 11C, the member is entitled to a refund of the difference between— (a) the contribution payable for AY under regulation 107; and (b) the total contribution that would have been payable if, before making the election, the member had— (i) purchased enough added units of benefit under Part 14A for them to be converted into AY, or, (ii) if that number of added units of benefit would have exceeded the limit set out in regulation 128F, purchased the maximum number of added units of benefit that would have been available to the member under regulation 128F together with enough added years under regulation 107 to make up AY.

Amendment of regulation 116

56

In regulation 116—

• (a) the text after “In this Part” is numbered as paragraph (a);

• (b) in paragraph (a), as so numbered—

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

• (ii) in the definition of “retired JASAPS member”, omit “before the commencement day”,

• (iii) at the end insert—

• “unretired JASAPS member” means a JASAPS member who continues to hold judicial office.

• (c) after paragraph (a), as so numbered, insert—

(b) in relation to fee-paid days between 1st April 2015 and 31st March 2022, regulation 4 applies for the purposes of this Part as if paragraph (2)(c) were omitted; (c) references to reckonable service and to qualifying fee-paid days in this Part are to be read as including a reference to fee-paid days in judicial office after 31st March 2022 as if the principal scheme had not been closed to further accruals.

Amendment of regulation 117

57

In regulation 117—

• (a) for paragraph (1) substitute—

(1) Membership of the JASAPS is open to unretired and retired members of the principal scheme (but not to opted-out members)— (a) who have service in an eligible fee-paid judicial office between 31st March 1995 and 5th April 2006; (b) whose benefits under the principal scheme in relation to at least one such office are, or are to be, calculated under the post-1995 provisions; and (c) who have a spouse or civil partner to whom benefits could be paid under this Part.

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

Amendment of regulation 118

58

In regulation 118—

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

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

Amendment of regulation 119

59

In regulation 119(2)(b), after “reckonable service” insert “in any office in relation to which benefits are calculated under the post-1995 provisions”.

Amendment of regulation 121

60

In regulation 121—

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

• (b) in paragraph (2), after “fee-paid days” insert “in any office in relation to which benefits are calculated under the post-1995 provisions”.

Amendment of regulation 123

61

• (1) In the heading to Chapter 3 preceding regulation 123, for “active” substitute “unretired”.

• (2) In the heading to regulation 123, for “active” substitute “unretired”.

• (3) In regulation 123—

• (a) in paragraphs (1), in the opening words, for “active” substitute “unretired”;

• (b) in paragraph (1)(c), after “fee-paid days” insert “in any office in relation to which benefits are to be calculated under the post-1995 provisions”;

• (c) in paragraph (2), in the opening words, for “active” substitute “unretired”;

• (d) in paragraph (2)(b)—

• (i) after “reckonable service” insert “in any office in relation to which benefits are to be calculated under the post-1995 provisions”,

• (ii) for “(or 7th April 2000 if later) and date on which M reaches M’s assumed retirement age” substitute “and the date on which M reaches M’s assumed retirement age as if the principal scheme had not closed to further accruals”.

Amendment of regulation 124

62

In regulation 124, in the regulation heading and in paragraph (1), for “active” substitute “unretired”.

Amendment of regulation 125

63

In regulation 125—

• (a) in the regulation heading and in the opening words of paragraph (1), for “active” substitute “unretired”;

• (b) in paragraph (1)(b), after “fees” insert “or salary”;

• (c) in paragraph (2)(a)(i), after “question” insert “in any office in relation to which benefits are to be calculated under the post-1995 provisions”;

• (d) in paragraph (3), after “paid to M” insert “for any office in relation to which benefits are to be calculated under the post-1995 provisions”.

Amendment of regulation 126

64

In regulation 126, in the regulation heading and in paragraph (1), for “active” substitute “unretired”.

Insertion of new Parts 14A and 14B

65

The provisions contained in the Schedule to these Regulations are inserted after the end of Part 14 as Parts 14A and 14B.

Schedules

66

For the Schedule to the 2017 Regulations substitute—

SCHEDULE1

Judicial office	Divisor
Lord Justice of Appeal (fee-paid) England and Wales	220
Lord Justice of Appeal (fee-paid) Northern Ireland	218
High Court Judge (fee-paid) England and Wales	210
High Court Judge (fee-paid) Northern Ireland	218
Deputy High Court Judge England and Wales	210
Deputy High Court Judge Northern Ireland	218
Temporary Judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978	218
Temporary Judge (Scotland)	210
Judicial office	Divisor
---	---
Deputy Circuit Judge	210
Recorder	210
Assistant Recorder	210
Temporary Sheriff Principal (Scotland)	215
Re-employed former Sheriff Principal (Scotland)	215
Re-employed former Appeal Sheriff (Scotland)	215
Deputy Social Security Commissioner	220
Deputy Child Support Commissioner	220
Chairman of VAT & Duties Tribunal	220
Judge of the Employment Tribunal (where a legal qualification is a requirement of appointment)	220
Judge of the Industrial Tribunal	220
Employment Tribunal Chairman	220
Industrial Tribunal Chairman	220
Temporary Judge of the Employment Appeal Tribunal (where a legal qualification is a requirement of appointment)	220
Deputy Social Security Commissioner for Northern Ireland	218
Deputy County Court Judge (Northern Ireland)	218
Deputy Child Support Commissioner for Northern Ireland	218
Judicial office	Divisor
---	---
Deputy Supreme Court Master	210
Deputy Supreme Court Registrar	210
Deputy Master of the Senior Courts	210
Deputy Taxing Master	210
Deputy Master of the King’s Bench Division	210
Deputy Master of the Chancery Division	210
Deputy Bankruptcy Registrar	210
Deputy Costs Judge	210
Deputy Insolvency and Companies Court Judge	210
Deputy District Judge (Magistrates’ Court)	215
Deputy Stipendiary Magistrate England and Wales	215
Part-time Stipendiary Magistrate (Scotland)	210
Deputy District Judge of the Principal Registry of the Family Division	210
Deputy District Judge	215
Deputy District Judge (Magistrates’ Court) Northern Ireland	218
Commissioner for the Special Purposes of the Income Tax Acts	220
Deputy Commissioner for the Special Purposes of the Income Tax Acts	220
Part-time Sheriff (Scotland)	215
Temporary Sheriff (Scotland)	215
Part-time Summary Sheriff (Scotland)	215
Re-employed former Sheriff Principal, Sheriff or part-time Sheriff acting as Sheriff (Scotland)	215
Re-employed retired Sheriff Principal or Sheriff acting as Sheriff (Scotland)	215
Re-employed former Judge (Scotland)	210
Judge of the Medical Appeal Tribunal	220
Chairman of the Medical Appeal Tribunal	220
Chairman Social Security Appeals Tribunal	220
Judge Social Security Appeals Tribunal	220
Judge Child Support Appeal Tribunal	220
Chairman of the Child Support Appeal Tribunal	220
Judge of the Disability Appeal Tribunal	220
Deputy Commissioner Child Support Appeal Tribunal	220
Chairman of the Disability Appeal Tribunal	220
Deputy Resident Magistrate (Northern Ireland)	218
Surveyor member (Chair only) of the Lands Tribunal	220
Deputy Statutory Officer (Northern Ireland)	218
Temporary Additional Statutory Officer (Northern Ireland)	218
Member of a panel constituted under Article 7(1) of the Social Security (Northern Ireland) Order 1998 who is appointed to serve as a member of that panel and is a barrister or solicitor	218
Judicial office	Divisor
---	---
Immigration Adjudicator	220
First-tier Tribunal Judge (Social Entitlement Chamber) Asylum Support	220
Asylum Support Adjudicator	220
Judge of the Immigration and Asylum Tribunal	220
Legal Member of the Immigration and Asylum Tribunal	220
Legal Chair Criminal Injuries Compensation Appeals Panel	220
Non-legal Chair Criminal Injuries Compensation Appeals Panel	220
Member (Chair only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation	220
First-tier Tribunal Judge (Social Entitlement Chamber) Criminal Injuries Compensation	220
Temporary Assistant Judge Advocate General	220
Member (Chair only) First-tier Tribunal (Property Chamber) Residential Property	220
Deputy Adjudicator HM Land Registry	220
First-tier Tribunal Judge (Property Chamber) Land Registration	220
First-tier Tribunal Judge (Property Chamber) Residential Property	220
First-tier Tribunal Judge (Property Chamber) Agricultural Land and Drainage	220
Re-employed former Summary Sheriff, or part-time Summary Sheriff acting as Summary Sheriff (Scotland)	215
Deputy Coroner (Northern Ireland)	218
Member of a panel of Chairmen of Industrial Tribunals	218
Member of a panel of Chairmen of Fair Employment Tribunal	218
Legal Chair National Security Certificate Appeals Tribunal (Northern Ireland)	218
Deputy Chair National Security Certificate Appeals Tribunal (Northern Ireland)	218
President of the Rent Assessment Committees Wales	220
Legal Member of the Rent Assessment Committee Wales	220
Legal Member Mental Health Review Tribunal for Wales (where a legal qualification is a requirement of appointment)	220
Legal Chair Special Educational Needs Tribunal Wales (where a legal qualification is a requirement of appointment)	220
President of Special Educational Needs Tribunal Wales	220
Legal Chair Education Tribunal Wales	220
President of Education Tribunal Wales	220
President Welsh Language Tribunal	220
Legal Member Welsh Language Tribunal	220
Legal Member Adjudication Panel for Wales	220
President of the Adjudication Panel for Wales	220
President of the Mental Health Review Tribunal for Wales	220
President of Welsh Tribunals	210
Deputy District Judge (Northern Ireland)	218
Legal Chair Competition Appeal Tribunal	210
Deputy Chair Copyright Tribunal	220
Appointed Person for Design Right Appeals	220
Appointed Person for Trademark Appeals	220
Legal Chair Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal	220
Senior Legal Chair Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal	220
Legal Chair Reserve Forces Appeal Tribunal	220
Legal Chair Reinstatement Committee	220
Chairman Information Tribunal	220
Deputy Chairman Information Tribunal	220
Chairman Pensions Appeal Tribunals	220
Legal Member of Pensions Appeal Tribunal for Northern Ireland appointed under paragraph 2 of the Schedule to the Pensions Appeal Tribunals Act 1943 23	220
Legal Chair Pensions Appeal Tribunal	220
Legal Member Pensions Appeal Tribunal	220
President and Deputy President of Pensions Appeal Tribunal for Northern Ireland appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943	220
First-tier Tribunal Judge (where a legal qualification is a requirement of appointment)	220
Upper Tribunal Judge (where a legal qualification is a requirement of appointment)	220
Deputy Judge Upper Tribunal (where a legal qualification is a requirement of appointment)	220
Surveyor member (Chair only) Upper Tribunal Lands	220
Legal Chairman Mental Health Review Tribunal	220
Legal Member Mental Health Review Tribunal	220
Legal Chairman Special Educational Needs and Disability Tribunal	220
Legal Chairman Care Standards Tribunal	220
Legal Member Care Standards Tribunal	220
Immigration Judge	220
Legal Member Appeals Service	220
Legal Member Transport Tribunal	220

SCHEDULE2

Complete years of qualifying judicial service	Accrual factor
1	0.2500
2	0.2500
3	0.2500
4	0.2500
5	0.2500
6	0.2750
7	0.3000
8	0.3250
9	0.3500
10	0.3750
11	0.4000
12	0.4250
13	0.4500
14	0.4750
15	0.5000
Complete years of qualifying judicial service	Accrual factor
---	---
1	0.1500
2	0.1500
3	0.1500
4	0.1500
5	0.2500
6	0.2750
7	0.3000
8	0.3250
9	0.3500
10	0.3750
11	0.4000
12	0.4250
13	0.4500
14	0.4750
15	0.5000
Complete years of qualifying judicial service	Accrual factor
---	---
1	0.0000
2	0.0000
3	0.0750
4	0.0750
5	0.1875
6	0.2000
7	0.2125
8	0.2250
9	0.2375
10	0.2500
11	0.2750
12	0.3000
13	0.3250
14	0.3500
15	0.3750
16	0.4000
17	0.4250
18	0.4500
19	0.4750
20	0.5000

SCHEDULE3

Fee period	Contribution (personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
Before 1st April 2006	0.00	2.40	1.80
1st April 2006 to 31st March 2012	0.00	2.40	1.80
1st April 2012 to 31st March 2013	1.28	2.40	1.80
1st April 2013 to 31st March 2014	2.56	2.40	1.80
1st April 2014 to 31st March 2015	3.20	2.40	1.80
1st April 2015 to 31st March 2016	See Table 2	See Table 2	See Table 2
1st April 2016 to 31st March 2017	See Table 3	See Table 3	See Table 3
1st April 2017 to 31st March 2018	See Table 4	See Table 4	See Table 4
1st April 2018 to 31st March 2020	See Table 5	See Table 5	See Table 5
1st April 2020 to 31st March 2021	See Table 6	See Table 6	See Table 6
1st April 2021 to 31st March 2022	See Table 7	See Table 7	See Table 7
Total fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 15,001	0.96	2.40	1.80
15,001 to but not including 21,001	0.96	2.40	1.80
21,001 to but not including 47,001	1.47	2.40	1.80
47, 001 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	1.80
Total fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 15,001	0.96	2.40	1.80
15,001 to but not including 21,211	0.96	2.40	1.80
21,211 to but not including 48,472	1.47	2.40	1.80
48,472 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	1.80
Annualised fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 15,001	0.96	2.40	1.80
15,001 to but not including 21,637	0.96	2.40	1.80
21,637 to but not including 51,516	1.47	2.40	1.80
51,516 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	0.00
Annualised fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 22,005	0.96	2.40	1.80
22,005 to but not including 52,392	1.47	2.40	1.80
52, 392 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	0.00
Annualised fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 22,005	0.96	2.40	1.80
22,005 to but not including 52,392	1.47	2.40	1.80
52,392 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	0.00
Annualised fee (£)	Contribution (Personal) (%)	Contribution (dependants) (%)	Contribution (dependants) (%)
---	---	---	---
Up to but not including 22,116	0.96	2.40	1.80
22,116 to but not including 52,654	1.47	2.40	1.80
52,654 to but not including 150,001	2.61	2.40	1.80
150,001 and above	4.43	0.00	0.00
Service credit day multiplier applicable	Contribution (%)
---	---
0.5	0.9
0.53 or 0.67	2.10
Total fees paid to the member in respect of service credit days	Contribution (%)
---	---
Up to £15,000	0.00
£15,001 to £21,000	0.36
£21,001 to £30,000	0.72
£30,001 to £50,000	0.96
£50,001 to £60,000	1.20
£60,001 and over	1.44
Total fees paid to the member in respect of service credit days	Contribution (%)
---	---
Up to £15,000	0.00
£15,001 to £21,000	0.72
£21,001 to £30,000	1.43
£30,001 to £50,000	1.90
£50,001 to £60,000	2.38
£60,001 and over	2.85

PART 3 — Benefits in respect of periods before amendment day

Benefits in respect of period before amendments

67

• (1) This Part applies where—

• (a) a member (“P”) retired or died without retiring before the amendment day; and

• (b) condition A or B is met.

• (2) Condition A is that amounts were paid to a person before the amendment day in respect of P’s retirement or death under arrangements made for the purpose of providing benefits before the amendment day corresponding to an anticipated increase in benefits (including an increase from zero) payable under the principal scheme as a consequence of amendments made by these Regulations.

• (3) Condition B is that if these Regulations had come into force on the day before the day on which P retired or died, there would have been an increase in the benefits which would have been payable to a person in respect of P’s retirement or death, under the principal scheme, as a consequence of amendments made by these Regulations.

• (4) In this Part, expressions defined for the purpose of the 2017 Regulations have the same meaning as in those Regulations.

Meaning of “interim amendments payments amount” and “pre-amendment day benefits increase amount”

68

In this Part—

• (a) the “interim amendments payments amount” means the total amount that was paid to a person under arrangements made for the purpose of providing increased benefits before the amendment day in respect of P’s retirement or death under the principal scheme in anticipation of the amendments to be made by these Regulations;

• (b) the “pre-amendment day benefits increase amount” means the total amount of the increase in benefits under the principal scheme that would have been payable before the amendment day in respect of P’s retirement or death, after deduction of any contributions that would have been payable, as a consequence of amendments made by these Regulations, if those amendments had come into force on the day before the day on which P retired or died without having retired.

Additional payment where no or insufficient interim amendments payments made

69

• (1) Paragraph (2) applies where the interim amendments payments amount in relation to a person is less than the pre-amendment day benefits increase amount.

• (2) The administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1).

Repayment of any excess interim amendments payments

70

• (1) Paragraph (2) applies where the interim amendments payments amount in relation to a person is greater than the pre-amendment day benefits increase amount.

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

PART 4 — Partial Retirement: pre-commencement day cessation

Option to take partial retirement: pre-commencement day cessation

71

• (1) For the purposes of regulation 28 of the 2017 Regulations, a member is to be treated as having taken partial retirement in relation to an eligible fee-paid judicial office (“the relevant office”) if—

• (a) the member ceased to hold the relevant office before the commencement day;

• (b) the member would, but for the date of cessation, have satisfied the conditions in regulation 27(1) of the 2017 Regulations;

• (c) before the coming into force of these Regulations, the member was paid amounts in respect of partial retirement in relation to the relevant office (despite not having an entitlement to such payments under regulation 27 of the 2017 Regulations);

• (d) no notice of rescission under paragraph (3) has been given by the member,

and accordingly benefits paid to or in respect of the member under Part 3 or 6 of the 2017 Regulations (whether before or after the coming into force of these Regulations) on the basis of the member’s reckonable service in the relevant office are to be treated as lawfully paid.

• (2) A member to whom paragraph (1) applies is deemed to have given a notice under regulation 27(2) of the 2017 Regulations, received by the appropriate Minister on the date when entitlement to pension payments for the relevant office commenced.

• (3) Where a member has received benefits in the circumstances described in paragraph (1), that member may rescind the taking of partial retirement by giving notice in writing to the appropriate Minister, in the form determined by the appropriate Minister, before 1st November 2023.

• (4) A member is not to be treated as having ceased to hold a judicial office for the purposes of paragraph (1) or (2) if they would not be so treated for the purposes of regulation 27 of the 2017 Regulations (see paragraph (5) of that regulation).

• (5) Where benefits have been paid to or in respect of a member under Part 3 or 6 of the 2017 Regulations in the circumstances described in paragraph (1), regulation 17(3) of the 2017 Regulations applies in relation to the member as if “the pension start day” meant the day on which the notice referred to in paragraph (2) has effect.

• (6) In regulation 27(1) of the 2017 Regulations, omit “on or after the commencement day”.

• (7) In this regulation expressions defined for the purpose of the 2017 Regulations have the same meaning as in those Regulations.

SCHEDULE

Signed

Dominic Raab — Lord Chancellor — Ministry of Justice — 28th March 2023

Alister Jack — Secretary of State for Scotland — Office of the Secretary of State for Scotland — 27th March 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Part 2 of these Regulations amends the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (“the 2017 Regulations”) to allow fee-paid service prior to 7th April 2000 to count as reckonable service for the pension scheme constituted under those Regulations. Regulation 12 inserts two new Parts into the 2017 Regulations to provide for eligible fee-paid judicial office holders to have pension benefits calculated on a basis that mirrors the pension provisions under the Judicial Pensions Act 1981 that were available to salaried judges. Other provisions in Part 2 make consequential amendments including provision for the purchase of additional benefits by members of the scheme constituted under the 2017 Regulations.

Regulation 43 introduces a right to commutation of small pensions under the 2017 Regulations.

Regulation 66 replaces the Schedule to the 2017 Regulations, including insertion of a new Schedule 3 which consolidates the contributions rates which have been applicable for all periods of operation of the pension scheme under those Regulations.

Part 3 of these Regulations makes provision for entitlement to benefits arising from the amendments made by Part 2 before these Regulations have effect.

Part 4 of these Regulations deems persons who retired from judicial offices before 1st April 2017 and who were treated as if they were entitled to partial retirement under regulation 27 of the 2017 Regulations, as being so entitled. Consequently, pensions paid to such persons are not considered to have been overpaid or liable to recovery action.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

Editorial notes

Part 3A — Benefits in respect of periods after amendment day

Benefits in respect of period after amendments

70A

• (1) This Part applies where—

• (a) a member (“P”) retired, or died without retiring; and

• (b) approximated amounts of pension were paid to P after the amendment day in respect of P’s retirement or death under arrangements made for the purpose of providing benefits after the amendment day corresponding to an anticipated increase in benefits (including an increase from zero) payable under the principal scheme as a consequence of amendments made by these Regulations.

• (2) In this Part, expressions defined for the purpose of the 2017 Regulations have the same meaning as in those Regulations.

Meaning of “approximated pension payments amount” and “post-amendment day benefits increase amount”

70B

In this Part—

• (a) the “approximated pension payments amount” means the total amount of pension that was paid to a person under arrangements made for the purpose of providing increased benefits after the amendment day in respect of P’s retirement or death under the principal scheme in lieu of benefits being finally calculated in accordance with the principal scheme;

• (b) the “post-amendment day benefits increase amount” means the total amount of the increase in benefits under the principal scheme that would have been payable after the amendment day in respect of P’s retirement or death, after deduction of any contributions that would have been payable, as a consequence of amendments made by these Regulations, if those benefits had been finally calculated in accordance with the principal scheme on the day before the day on which P retired or died without having retired.

Additional payment where no or insufficient approximated pension payments made

70C

• (1) Paragraph (2) applies where the approximated pension payments amount in relation to a person is less than the post-amendment day benefits increase amount.

• (2) The administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1).

Repayment of any excess approximated pension payments

70D

• (1) Paragraph (2) applies where the approximated pension payments amount in relation to a person is greater than the post-amendment day benefits increase amount.

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