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

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 [^f00023]	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

[^f00001]: 1993 c. 8.

[^f00002]: Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c. 8).

[^f00003]: Paragraph (2A) was inserted by section 78(2) of the Pensions Schemes Act 2015.

[^f00004]: S.I. 2017/522.

[^f00005]: Part 14A is inserted by regulation 65 of these Regulations.

[^f00006]: 1981 c. 20.

[^f00007]: 2022 c. 7.

[^f00008]: S.I. 2015/182.

[^f00009]: 1998 c. 47; paragraph 11 was amended by section 82(a) of and Schedule 13 to the Justice (Northern Ireland) Act 2002 (c. 26), by paragraph 33 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and by S.R. 2010 No. 52.

[^f00010]: S.I. 1995/632; the Table was substituted by S.I. 2015/533.

[^f00011]: 2014 c. 2.

[^f00012]: 2013 c. 25.

[^f00013]: 1971 c. 56.

[^f00014]: S.I. 1995/639; regulation 4.6 was amended by S.I. 2006/747.

[^f00015]: S.I. 1995/638 which were revoked by S.I. 1998/1219.

[^f00016]: S.I. 2012/516, amended by S.I. 2013/484, 2014/483 and 2016/30.

[^f00017]: Regulation 4.2(2) was substituted by S.I. 2006/747.

[^f00018]: S.I. 2022/319.

[^f00019]: Paragraphs (3A), (3B) and (3C) were inserted by S.I. 202/386.

[^f00020]: 2004 c. 12; paragraph 7 was amended by Finance Act 2011 (c. 11), Schedule 16 paragraphs 23 and 29 and Schedule 18 paragraphs 1, 3 and 4, the Finance Act 2014 (c. 26) section 42(1), the Taxation of Pensions Act 2014 (c. 30) Schedule 1, Part 5, paragraph 71(1)(a), (b) and (c), the Finance Act 2016 (c. 24) Schedule 5, paragraph 7(1), (2) and (3),the Finance Act 2021 (c. 26) Schedule 5, paragraph 21(1) and (6) and S.I. 2006/572 (as amended by S.I. 2009/1172).

[^f00021]: Paragraph 20 was amended by Finance Act 2011 (c. 11), Schedule 16 paragraphs 32 and 39 and Schedule 18 paragraphs 1, 3 and 6.

[^f00022]: S.I. 2009/1171, amended by the Finance Act 2014 (c. 26), section 42(6), the Taxation of Pensions Act 2014 (c.30), Schedule 1 paragraph 73(3), S.I. 2011/1751, S.I. 2012/522 and 2013/1818.

[^f00023]: 1943 c. 39.

[^f00024]: 1959 c. 25.

[^f00025]: 1960 c. 2; this was enacted as the Resident Magistrates’ Pensions Act (Northern Ireland) 1960 but article 3(2) of the District Judges (Magistrates’ Court) Order (Northern Ireland) 2008 (S.R. 2008 No. 154) provides that it may be cited as here.

[^f00026]: 1961 c. 42.

[^f00027]: S.I. 1987/1513.

[^f00028]: S.I. 1995/636.

Editorial notes

[^key-0dd000606d5774ead678c6f8c2201871]: Reg. 1 in force at 1.4.2023, see reg. 1(1)

[^key-0c647d48cd0be6941944c837c6962fcc]: Reg. 2 in force at 1.4.2023, see reg. 1(1)

[^key-edee5195c8bb877ce47e0706721fb7de]: Reg. 3 in force at 1.4.2023, see reg. 1(1)

[^key-ae3ad1611fa54317e5d4e5a99f04755f]: Reg. 4 in force at 1.4.2023, see reg. 1(1)

[^key-f35bb199e64473adc1f3a38014bc0fe2]: Reg. 5 in force at 1.4.2023, see reg. 1(1)

[^key-787a997de7935402135c709990719d48]: Reg. 6 in force at 1.4.2023, see reg. 1(1)

[^key-6eb3d45347d086f55facec37b8b50729]: Reg. 7 in force at 1.4.2023, see reg. 1(1)

[^key-0a4d80ec9f11f8f04c1a11e9de2879da]: Reg. 8 in force at 1.4.2023, see reg. 1(1)

[^key-f2b996f630e55dc6104840590d5a884c]: Reg. 9 in force at 1.4.2023, see reg. 1(1)

[^key-5c941f79e3caf563df997faaf6eb721b]: Reg. 10 in force at 1.4.2023, see reg. 1(1)

[^key-bf6a5c8d3ef5b4067b93b3d73725c59f]: Reg. 11 in force at 1.4.2023, see reg. 1(1)

[^key-3567a6b3dafafc2632909af3198c52a2]: Reg. 12 in force at 1.4.2023, see reg. 1(1)

[^key-ac8560f79dd0b9ce273f2e64090e06f9]: Reg. 13 in force at 1.4.2023, see reg. 1(1)

[^key-a615c81130b2439ce5e44d431a335772]: Reg. 14 in force at 1.4.2023, see reg. 1(1)

[^key-ef07fdb89beeaa74a36753ff70a23e91]: Reg. 15 in force at 1.4.2023, see reg. 1(1)

[^key-27a369ce49e15671baef8e83b1b6a646]: Reg. 16 in force at 1.4.2023, see reg. 1(1)

[^key-3e01c41a87d6ce9a57e489b4e51ba6c3]: Reg. 17 in force at 1.4.2023, see reg. 1(1)

[^key-9a68725145ede70b878aaf6e5234e492]: Reg. 18 in force at 1.4.2023, see reg. 1(1)

[^key-e1bab55fe9f92b9c758e19ad49f2d05e]: Reg. 19 in force at 1.4.2023, see reg. 1(1)

[^key-5ac29d1309a76f1f3a0936a88d46a9d6]: Reg. 20 in force at 1.4.2023, see reg. 1(1)

[^key-060606a0ad31052afc365963bec55071]: Reg. 21 in force at 1.4.2023, see reg. 1(1)

[^key-147b18ee061ce1d65f1bc8bb10a96ca9]: Reg. 22 in force at 1.4.2023, see reg. 1(1)

[^key-8bcc6a69671e63dde6bd4c5cafa20df6]: Reg. 23 in force at 1.4.2023, see reg. 1(1)

[^key-c2d178ea55e15eb999e03fc715ac3ea1]: Reg. 24 in force at 1.4.2023, see reg. 1(1)

[^key-6d904249de48bf7eba59adf83e7e4202]: Reg. 25 in force at 1.4.2023, see reg. 1(1)

[^key-4cd3852ab89a98e68c4da8e64fad9757]: Reg. 26 in force at 1.4.2023, see reg. 1(1)

[^key-0d2e58279e2b2e64465b053a937b7711]: Reg. 27 in force at 1.4.2023, see reg. 1(1)

[^key-25a97d1b307ee8aac2bad9ae6cdb97a0]: Reg. 28 in force at 1.4.2023, see reg. 1(1)

[^key-19a25f101a9aface4930c5f0f28de073]: Reg. 29 in force at 1.4.2023, see reg. 1(1)

[^key-fe99d8e449239e852cf708448b90a03d]: Reg. 30 in force at 1.4.2023, see reg. 1(1)

[^key-f8fc78176f434e86da11540e204b9050]: Reg. 31 in force at 1.4.2023, see reg. 1(1)

[^key-1c7d47624b03e77d67ae12150c4d0bad]: Reg. 32 in force at 1.4.2023, see reg. 1(1)

[^key-d42b01b8594f33255f2b7d27558764cb]: Reg. 33 in force at 1.4.2023, see reg. 1(1)

[^key-5c97e6cb324c353fd6b2c0f8b44c0966]: Reg. 34 in force at 1.4.2023, see reg. 1(1)

[^key-c300204e292b28864f06193a30c032c3]: Reg. 35 in force at 1.4.2023, see reg. 1(1)

[^key-e9863ba8c417cb7a309b6bf1cc0ac577]: Reg. 36 in force at 1.4.2023, see reg. 1(1)

[^key-6ed48109f4d2c274b0f401222fecbe56]: Reg. 37 in force at 1.4.2023, see reg. 1(1)

[^key-a2e21dcb8981962287f7ecdf77833daf]: Reg. 38 in force at 1.4.2023, see reg. 1(1)

[^key-85fec858450d8b48beaea8ac95c3e525]: Reg. 39 in force at 1.4.2023, see reg. 1(1)

[^key-32619780b318789af2d87805d2fee509]: Reg. 40 in force at 1.4.2023, see reg. 1(1)

[^key-8b0d9b2057d6cc1935e53216eb922049]: Reg. 41 in force at 1.4.2023, see reg. 1(1)

[^key-2c3494d99bb06ad4e86038d8ed8c54a4]: Reg. 42 in force at 1.4.2023, see reg. 1(1)

[^key-7b4cb3c3134b3b7f9ce52efcc5febc5b]: Reg. 43 in force at 1.4.2023, see reg. 1(1)

[^key-7d531e63db1ac1eafc92049a3cea5924]: Reg. 44 in force at 1.4.2023, see reg. 1(1)

[^key-a99e14680ef02fae28cb28377aef1ea7]: Reg. 45 in force at 1.4.2023, see reg. 1(1)

[^key-1089f951c5808c1f9fb506013d9e8be3]: Reg. 46 in force at 1.4.2023, see reg. 1(1)

[^key-d360fa07356ab953776c0002ff697be7]: Reg. 47 in force at 1.4.2023, see reg. 1(1)

[^key-80080d32891257d00c4a71afc13a8164]: Reg. 48 in force at 1.4.2023, see reg. 1(1)

[^key-850ca982873d57b6debe3274ad05882d]: Reg. 49 in force at 1.4.2023, see reg. 1(1)

[^key-c23189db9126ead15de45ded290986cf]: Reg. 50 in force at 1.4.2023, see reg. 1(1)

[^key-32c549d7f6a147ff38fcf5b2f640e344]: Reg. 51 in force at 1.4.2023, see reg. 1(1)

[^key-b758026e792b5268d212c4e4a3bcaee9]: Reg. 52 in force at 1.4.2023, see reg. 1(1)

[^key-68c8a44d7698ea9a3c963b8794e65fe9]: Reg. 53 in force at 1.4.2023, see reg. 1(1)

[^key-40c8e0660c47cd19777713c17b783ecf]: Reg. 54 in force at 1.4.2023, see reg. 1(1)

[^key-f8159aa50cecc458ad20ddf665ec13b7]: Reg. 55 in force at 1.4.2023, see reg. 1(1)

[^key-302587eee38910d898cf9e5021cdb157]: Reg. 56 in force at 1.4.2023, see reg. 1(1)

[^key-7578e96df3c64798835c26fec375c7f7]: Reg. 57 in force at 1.4.2023, see reg. 1(1)

[^key-fec39ea84bf0a4ed491abc4ca02911d2]: Reg. 58 in force at 1.4.2023, see reg. 1(1)

[^key-1c32318d4913d3e3c0d49809434e7941]: Reg. 59 in force at 1.4.2023, see reg. 1(1)

[^key-8c43d2b5998495abc8f4dcc37b3d081e]: Reg. 60 in force at 1.4.2023, see reg. 1(1)

[^key-5e23b4f93f65c63599b9ce15ffb9b3a1]: Reg. 61 in force at 1.4.2023, see reg. 1(1)

[^key-70db26e0c53b121ab008ade1a01d0cc8]: Reg. 62 in force at 1.4.2023, see reg. 1(1)

[^key-8f46afcc740affa58dc0dd6bcb674073]: Reg. 63 in force at 1.4.2023, see reg. 1(1)

[^key-4bc01c910c035303d71ac4f5fb7a6627]: Reg. 64 in force at 1.4.2023, see reg. 1(1)

[^key-ab3b0795ccc47d6ac910c2f725c305d0]: Reg. 65 in force at 1.4.2023, see reg. 1(1)

[^key-c77c976477942d9363411ce1221258c8]: Reg. 66 in force at 1.4.2023, see reg. 1(1)

[^key-26d28aad43eb6714e0b08dc4b44a1e51]: Reg. 67 in force at 1.4.2023, see reg. 1(1)

[^key-402e6c21e867d36c7aaa7c0b3699d73f]: Reg. 68 in force at 1.4.2023, see reg. 1(1)

[^key-fb31be08717288061fcdb87eda8b1846]: Reg. 69 in force at 1.4.2023, see reg. 1(1)

[^key-202a81372ace93075775132de039016d]: Reg. 70 in force at 1.4.2023, see reg. 1(1)

[^key-68f6fd9f714dc39665f0eab736863e62]: Reg. 71 in force at 1.4.2023, see reg. 1(1)

[^key-071233f9bf8e583388cbb17156f6a042]: Sch. in force at 1.4.2023, see reg. 1(1)

[^key-d108ef33542de5adb120a824558ba2a9]: Pt. 3A inserted (17.12.2024) by The Judicial Pensions (Amendment) Regulations 2024 (S.I. 2024/1358), regs. 1(1), 2

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.