The Judicial Pensions (Remediable Service etc.) Regulations 2023

Type Statutory-Instrument
Publication 2023-07-04
Last updated 2024-01-24
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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  • 2015 scheme remediable pension amount” means— where the relevant orders or provisions specified a percentage value to be transferred, the sum of— the specified percentage in the relevant legacy scheme order or provision of the cash equivalent of P’s pre-taper date relevant benefits on the valuation day calculated as if the pre-taper date relevant benefits were in the 2015 scheme, and the specified percentage in the relevant 2015 scheme order or provision of the cash equivalent of P’s post-taper date relevant benefits on the valuation day, calculated as if the post-taper date relevant benefits were in the 2015 scheme; where the pension sharing order specified an amount to be transferred, the sum of— the percentage which the amount in the relevant legacy scheme order or provision represented of the cash equivalent of P’s pre-taper date relevant benefits in P’s judicial legacy scheme on the valuation day (disregarding any 2015 scheme election), calculated instead as if P’s pre-taper date relevant benefits were in the 2015 scheme, and the percentage which the amount in the relevant 2015 scheme order or provision represented of the cash equivalent of P’s post-taper date relevant benefits in the 2015 scheme on the valuation day (disregarding any 2015 scheme election);
  • higher remediable pension amount” means the greater of— the legacy scheme remediable pension amount, and the 2015 scheme remediable pension amount;
  • legacy scheme remediable pension amount” means— where the relevant orders or provisions specified a percentage value to be transferred, the sum of— the specified percentage in the relevant legacy scheme order or provision of the cash equivalent of P’s pre-taper date relevant benefits on the valuation day calculated as if the pre-taper date relevant benefits were in P’s judicial legacy scheme, and the specified percentage in the relevant 2015 scheme order or provision of the cash equivalent of P’s post-taper date relevant benefits on the valuation day, calculated as if the post-taper date relevant benefits were in P’s judicial legacy scheme; where the pension sharing order specified an amount to be transferred, the sum of— the percentage which the amount in the relevant legacy scheme order or provision represented of the cash equivalent of P’s pre-taper date relevant benefits in P’s judicial legacy scheme on the valuation day (disregarding any 2015 scheme election made in respect of P or immediate detriment remedy obtained in relation to P’s remediable service), and the percentage which the amount in the relevant 2015 scheme order or provision represented of the cash equivalent of P’s post-taper date relevant benefits in the 2015 scheme on the valuation day (disregarding any legacy scheme election made in respect of P or immediate detriment remedy obtained in relation to P’s remediable service), calculated instead as if P’s post-taper date relevant benefits were in P’s judicial legacy scheme;
  • pre-taper date relevant benefits” means the benefits or future benefits to which P was entitled under a judicial scheme by virtue of P’s shareable rights in the scheme in respect of P’s service beginning on 1 April 2015 and ending on the day before P’s taper date;
  • post-taper date relevant benefits” means— where P was in pensionable service on the transfer day, the benefits or future benefits to which P was entitled under a judicial scheme by virtue of P’s shareable rights in the scheme in respect of P’s service beginning on P’s taper date and ending on the day before the transfer day; otherwise, the benefits or future benefits to which P was entitled under a judicial scheme by virtue of P’s shareable rights in the scheme in respect of P’s service beginning on P’s taper date and ending on the last day of P’s service;
  • remediable pension credit” means the greater of— zero, and the higher remediable pension amount minus the remediable service appropriate amount;
  • remediable pension reduction” means the lesser of— zero, and the higher remediable pension amount minus the remediable service appropriate amount;
  • remediable service appropriate amount” means the pension credit, calculated in accordance with section 29(2) and (3) of WRPA 1999, for the period of remediable service;
  • taper date” means (disregarding any legacy scheme election or 2015 scheme election made in respect of P or immediate detriment remedy obtained in relation to P’s remediable service) the day after the tapered protection closing date for P;
  • tapered protection closing date” has the meaning given in paragraph 3 of Schedule 2 to the 2015 Regulations.

Adjustments for pension debit members

57
  • (1) Paragraph (2) applies where a legacy scheme election is made in respect of P.
  • (2) At the end of the relevant period, the scheme manager must adjust the value of P’s shareable rights in P’s judicial legacy scheme as the scheme manager, after consultation with the scheme actuary, considers appropriate having regard to—
  • (a) the cash equivalent of P’s shareable rights in P’s judicial legacy scheme in respect of P’s remediable service from 1 April 2015 to the day before the transfer day,
  • (b) the percentage value to be transferred or the amount to be transferred specified in the relevant legacy scheme order or provision and the relevant 2015 scheme order or provision, and
  • (c) the provisions of sections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.
  • (3) Paragraph (4) applies where a 2015 scheme election is made in respect of P.
  • (4) At the end of the relevant period, the scheme manager must adjust the value of P’s shareable rights in P’s judicial legacy scheme and the 2015 scheme as the scheme manager, after consultation with the scheme actuary, considers appropriate having regard to—
  • (a) the cash equivalent of P’s shareable rights in P’s judicial legacy scheme in respect of P’s service up to and including 31 March 2015,
  • (b) the cash equivalent of P’s shareable rights in the 2015 scheme in respect of P’s remediable service from 1 April 2015 to the day before the transfer day,
  • (c) the percentage value to be transferred or the amount to be transferred specified in the relevant legacy scheme order or provision and the relevant 2015 scheme order or provision, and
  • (d) the provisions of sections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.
  • (5) The adjustments made under paragraphs (2) and (4) have effect from the transfer day.

CHAPTER 5 — Correction of pension benefits and lump sum benefits

Correction of pension benefits and lump sum benefits where underpayment

58
  • (1) This regulation applies in relation to a relevant pension credit member (“C”) who, at the end of the relevant period—
  • (a) has a remediable pension credit in a judicial scheme by virtue of this Part, and
  • (b) is a pensioner member[^f00036] of that scheme.
  • (2) The scheme manager must pay to C the aggregate of the pension benefits and lump sum benefits (if any) to which C was entitled by virtue of their remediable pension credit.

Correction of pension benefits and lump sum benefits where overpayment

59
  • (1) This regulation applies in relation to a pension credit member (“C”) who, at the end of the relevant period—
  • (a) is subject to a remediable pension reduction from a judicial scheme by virtue of this Part, and
  • (b) is a pensioner member of that scheme.
  • (2) C must pay to the scheme manager the difference between—
  • (a) the aggregate of the pension benefits and lump sum benefits, if any, that have been paid under a judicial scheme to C, and
  • (b) the aggregate of the pension benefits and lump sum benefits to which (after taking into account the remediable pension reduction) C was entitled under any judicial scheme.

PART 6 — Liabilities and amounts owed

CHAPTER 1 — Interest

Interest

60
  • (1) This regulation applies to—
  • (a) relevant amounts[^f00037], and
  • (b) amounts payable by way of benefits or compensation described in section 68(2)(b)(i) or (3)(b)(i) (whether an “immediate detriment remedy” has been obtained) of PSPJOA 2022.
  • (2) The scheme manager must calculate interest on an amount described in direction 28 of the PSP Directions 2022 in accordance with the provisions of directions 28 and 29 which apply to that description of amount.
  • (3) For the purposes of this regulation—
  • (a) the references in direction 28(1) and (6) to section 59(1) of PSPJOA 2022 are to be read as including references to regulations 27(1) and 44(1);
  • (b) direction 29 is to be read as if—
  • (i) the reference in paragraph (1) to section 51(2) of PSPJOA 2022 includes a reference to regulations 21(2) and 37(2);
  • (ii) the reference in paragraph (3) to section 51(3) of PSPJOA 2022 includes a reference to regulations 21(3) and 37(3);
  • (iii) the reference in paragraph (5) to section 51(4) of PSPJOA 2022 includes a reference to regulations 21(4) and 37(4);
  • (iv) the reference in paragraph (6) to section 51(5) of PSPJOA 2022 includes a reference to regulations 21(5) and 37(5);
  • (v) the reference in paragraph (7) to section 52(2) of PSPJOA 2022 includes a reference to regulations 22(2) and 38(1);
  • (vi) the reference in paragraph (9) to section 52(4) of PSPJOA 2022 includes a reference to regulations 22(4) and 38(3);
  • (vii) the reference in paragraph (11) to section 53(3) of PSPJOA 2022 includes a reference to regulations 25(3) and 41(3);
  • (viii) the reference in paragraph (13) to section 54(2) of PSPJOA 2022 includes a reference to regulations 26(2) and 43(2);
  • (ix) the reference in paragraph (14) to scheme regulations made by virtue of section 58(2)(a) of PSPJOA 2022 which make provision as mentioned in section 58(3) of PSPJOA 2022 were a reference to regulation 8(2)(b);
  • (x) the reference in paragraph (16) to section 59(1) of PSPJOA 2022 includes a reference to regulations 27(1) and 44(1).
  • (4) In relation to an amount not described in direction 28 of the PSP Directions 2022, the scheme manager must determine whether interest is paid and, if so, what rate of interest applies and how it is calculated.
  • (5) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (4) as if it were a determination under direction 30(1) of those Directions—
  • (a) direction 30(2) (provision of explanation);
  • (b) direction 30(3) and (4) (appeals).

CHAPTER 2 — Reduction or waiver of liabilities owed to a judicial scheme

Application of Chapter

61

This Chapter applies after taking into account the effect of regulation 60 (interest) in respect of an amount.

Reduction of liability to pay pension contributions by tax relief amounts

62
  • (1) This regulation applies where the appropriate person has a liability to pay pension contributions to the 2015 scheme under regulations 22(4) or 38(3) or section 52(4) of PSPJOA 2022.
  • (2) The scheme manager must reduce the liability for the appropriate person to pay the pension contributions by tax relief amounts[^f00038] determined in accordance with direction 22(5) and (6) of the PSP Directions 2022.
  • (3) The scheme manager must make the reduction mentioned in paragraph (2) before the liability is netted off in accordance with regulation 64.
  • (4) The following provisions of the PSP Directions 2022 apply where the scheme manager makes a determination in accordance with direction 22(5)—
  • (a) direction 22(7) (provision of explanation);
  • (b) direction 22(8) and (9) (appeals).

Reduction or waiver of liability to repay overpaid pension benefits

63
  • (1) This regulation applies where a person (“Y”) owes a liability to a judicial scheme under—
  • (a) regulation 21(2) or (4) or 37(2) or (4), or
  • (b) section 51(2) or (4) of PSPJOA 2022 (corrections for pension benefits and lump sum benefits in relation to persons with remediable service).
  • (2) The scheme manager may reduce or waive the liability where—
  • (a) Y makes an application under paragraph (3), and
  • (b) the scheme manager complies with the requirements set out in direction 22(1)(a) to (c) of the PSP Directions 2022 (and the reference in direction 22(1)(c) to “any scheme regulations made by virtue of section 61(1)(b) of PSPJOA 2022” is to be read as a reference to regulation 66).
  • (3) An application must be—
  • (a) in writing,
  • (b) in a form required by the scheme manager,
  • (c) accompanied by such information and documents as the scheme manager may require as evidence of Y’s circumstances, and
  • (d) received by the scheme manager before the end of the period of six months beginning with the date on which Y is notified of the liability.
  • (4) The scheme manager may extend the period mentioned in paragraph (3)(d) in relation to Y if the scheme manager considers it just and equitable to do so.

CHAPTER 3 — Netting off

Netting off

64
  • (1) This regulation applies where—
  • (a) amounts mentioned in regulation 60(1) owed by and to a person (“P”) fall to be paid at the same or approximately the same times, and
  • (b) the scheme manager has—
  • (i) determined the interest (if any) that is to be paid on the relevant amounts in accordance with regulation 60, and
  • (ii) where regulation 62 applies in relation to any of the amounts, reduced such amounts by tax relief amounts in accordance with that regulation.
  • (2) The scheme manager may determine, in accordance with direction 31(3) to (6) of the PSP Directions 2022, that the amounts (and interest on them) must be aggregated and that the difference must be paid by P to the scheme or (as the case may be) by the scheme to P.
  • (3) The following provisions of the PSP Directions 2022 apply in relation to a determination under paragraph (2) as if it were a determination under direction 31(2) of those Directions—
  • (a) direction 31(7) (provision of explanation);
  • (b) direction 31(8) and (9) (appeals).

CHAPTER 4 — Amounts owed to a judicial scheme or employer or to a person

Application

65

This Chapter applies after taking into account the effect, if any, of regulations 60 to 64.

Amounts owed to a judicial scheme

66
  • (1) This regulation applies where a person (“Y”) owes an amount to the scheme under these Regulations or Chapter 2 of PSPJOA 2022.
  • (2) Except where paragraph (3) applies, Y must pay the amount to the scheme before the end of the period of six months beginning with the day on which Y is notified that the amount must be paid.
  • (3) Where the scheme manager considers it reasonable in the circumstances the amount may be reduced (including to zero) by payments made in one or more of the following ways—
  • (a) instalments as may be specified in an agreement between Y and the scheme manager, or
  • (b) deductions from—
  • (i) where Y is in judicial office, any salary or fees payable in respect of Y’s judicial office as may be specified in an agreement between Y and the employer;
  • (ii) any lump sum payable in accordance with section 4 of JUPRA 1993 or regulation 25 of FPJR 2017 as may be specified in an agreement between Y and the scheme manager;
  • (iii) the pension entitlements mentioned in paragraph (4) as may be specified in an agreement between Y and the scheme manager.
  • (4) The pension entitlements are—
  • (a) where Y is a member of a judicial scheme, any pension to which Y is entitled under section 2 of JUPRA 1993, Part 6 of the 2015 Regulations or Parts 3 (with the exception of regulation 25) and 4 of FPJR 2017;
  • (b) where the member in relation to whose service the amount is owed is deceased, any pension to which Y is entitled under sections 5 or 6 of JUPRA 1993, Part 8 of the 2015 Regulations or Part 6 of FPJR 2017;
  • (c) where Y is a member of a judicial scheme by virtue of another person’s pensionable service in a judicial office, any pension to which Y is entitled under Schedule 2A to JUPRA 1993, Part 7 of the 2015 Regulations or Part 5 of FPJR 2017.
  • (5) The deductions from the payments specified in paragraph (3)(b)(i)—
  • (a) may be of fixed monetary amounts, or
  • (b) may be calculated as a percentage of the salary or fees payable.
  • (6) Where—
  • (a) an agreement between Y and the employer specifies deductions from payments specified in paragraph (3)(b)(i), and
  • (b) Y ceases to be in service in any judicial office before all of the specified deductions have been made,

Y must pay the outstanding amount to the scheme within a period of six months beginning with the last day of Y’s service.

  • (7) The scheme manager may extend the period mentioned in paragraph (6) if the scheme manager considers it just and equitable to do so.
  • (8) For the purpose of paragraph (6) the “outstanding amount” is—
  • (a) an amount equal to the amount of the specified deductions that have not been made on the last day of Y’s service, plus
  • (b) any interest which has accrued on that amount under regulation 60.

Amounts owed to a person’s employer

67
  • (1) Paragraph (2) applies where a person (“Y”) owes an amount to a person’s employer under section 54 of PSPJOA 2022 or regulation 26 or 43 (transitional protection allowance).
  • (2) Paragraphs (2) to (8) of regulation 66 apply in respect of the amount as if the reference to the “scheme” or the “scheme manager” in the following provisions of that regulation were to Y’s employer—
  • (a) paragraph (2);
  • (b) in paragraph (3)—
  • (i) the opening words;
  • (ii) sub-paragraph (a);
  • (c) the closing words of paragraph (6);
  • (d) paragraph (7).

Amounts owed to a person

68
  • (1) This regulation applies where an amount is payable by a judicial scheme to a person (“Y”) under these Regulations or Chapter 2 of PSPJOA 2022.
  • (2) The scheme manager may require Y to make an application for payment of the amount.
  • (3) Where the scheme manager requires Y to make an application the scheme manager may pay the amount on receipt of an application that meets the requirements of paragraph (4).
  • (4) An application must be—
  • (a) in writing,
  • (b) in a form required by the scheme manager,
  • (c) accompanied by such information and documents as the scheme manager may require, and
  • (d) received by the scheme manager before the end of the period of three months starting with the day on which Y receives notification that an application for payment of the amount must be made.

PART 7 — Miscellaneous amendments

Miscellaneous amendments

69
  • (1) Part 1 of the Schedule contains miscellaneous amendments by virtue of, and in consequence of, PSPJOA 2022.
  • (2) Part 2 of the Schedule contains unrelated amendments.

SCHEDULE — Miscellaneous amendments

PART 1 — Amendments by virtue of, and in consequence of, PSPJOA 2022

Amendment of the Judicial Pensions Regulations 2015

1
  • (1) The 2015 Regulations are amended as follows.
  • (2) In regulation 2 (interpretation)—
  • (a) after the opening words insert—
  • 2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;
  • (b) for the definition of “active member” substitute—
  • active member”, in relation to this scheme, means a person who is— in pensionable service under this scheme; or deemed to have been an active member of this scheme by virtue of regulations 38A(2) or 38B(2) or paragraphs 23A(2) or 23B(2) of Schedule 1;
  • (c) for the definition of “amount of credited pension” substitute—
  • amount of credited pension” means the sum of the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 (pension credits: mode of discharge) to WRPA 1999 and any remediable pension credit or remediable pension reduction, where— “remediable pension credit”, in the circumstances mentioned in— regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(6) of those Regulations; regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(4) of those Regulations; regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations; “remediable pension reduction” has the meaning given in regulation 56(12) of the 2023 Regulations;
  • (d) after the definition of “PA 1995” insert—
  • PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
  • (e) after the definition of “registered” insert—
  • relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022;
  • (f) after the definition of “relevant scheme” insert—
  • relevant service” has the meaning given in regulation 29(2) of the 2023 Regulations;
  • (3) After regulation 38 (receipt of transfer value payment) insert—

(38A) (1) Paragraph (2) applies where— (a) a person “P” has remediable service in a judicial office; (b) a transfer value payment has been received by this scheme in relation to P during the period of remediable service; and (c) either— (i) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P; or (ii) an immediate detriment remedy has been obtained in relation to the period of remediable service. (2) P is deemed to have been an active member of this scheme for all purposes in connection with the transfer value payment. (38B) (1) Paragraph (2) applies where— (a) a relevant fee-paid judge “R” has relevant service in a judicial office; and (b) a transfer value payment has been received by this scheme in relation to R during the period of relevant service. (2) R is deemed to have been an active member of this scheme for all purposes in connection with the transfer value payment.

  • (4) In regulation 52(5) (establishment of pension credit member’s account)—
  • (a) omit the “and” immediately after sub-paragraph (a);
  • (b) at the end of (b) insert—

; and (c) any adjustment required by Part 5 of the 2023 Regulations other than a remediable pension credit to which the pension credit member has become entitled under that Part

  • (5) After regulation 126(1) (payment of member contributions) insert—

(1A) Member contributions that must be paid under section 52(4) of PSPJOA 2022 are to be paid in accordance with regulation 66 of the 2023 Regulations.

  • (6) In Schedule 1, after paragraph 23 insert—

(23A) (1) This paragraph applies where— (a) a person “P” has remediable service in a judicial office; (b) P has, during the period of remediable service, made an added pension payment under this Part; (c) either— (i) a legacy scheme election is made in respect of P under section 40 of PSPJOA 2022; or (ii) an immediate detriment remedy has been obtained in relation to the period of remediable service; and (d) a request has not been made in respect of P under regulations 8 or 24 of the 2023 Regulations. (2) P is deemed to have been an active member of this scheme for all purposes in connection with the added pension payments. (23B) (1) This paragraph applies where— (a) a relevant fee-paid judge “R” has relevant service in a judicial office; (b) R has, during the period of relevant service, made any added pension payments under this Part; and (c) a request has not been made in respect of R under regulation 40 of the 2023 Regulations. (2) R is deemed to have been an active member of this scheme for all purposes in connection with the added pension payments.

Amendment of the Judicial Pensions (Additional Voluntary Contributions) Regulations 2017

2
  • (1) The Judicial Pensions (Additional Voluntary Contributions) Regulations 2017[^f00039] are amended as follows.
  • (2) In regulation 2[^f00040] (interpretation)—
  • (a) the existing text is numbered as paragraph (1);
  • (b) in paragraph (1) (as mentioned in paragraph (a) above), for the definition of “active member” substitute—
  • active member” has the meaning given in paragraph (2);
  • (c) after paragraph (1) (as mentioned in paragraph (a) above) insert—

(2) In these Regulations, “active member” means a person who— (a) is in pensionable service under the 2015 Scheme or the 2022 Scheme; (b) would have been in pensionable service under the 2015 Scheme in the period beginning with 1st April 2015 and ending with 31st March 2022 if— (i) a legacy scheme election had not been made in respect of the person under section 40 of the Public Service Pensions and Judicial Offices Act 2022 (“PSPJOA 2022”); or (ii) an immediate detriment remedy had not been obtained in relation to the person’s remediable service in a judicial office; or (c) is a relevant fee-paid judge with relevant service. (3) A person who satisfies— (a) paragraph (2)(b) is an “active member” for the period of their remediable service; (b) paragraph (2)(c) is an “active member” for the period of their relevant service. (4) For the purpose of paragraph (2)(b), an “immediate detriment remedy” has been obtained in relation to a person’s remediable service if either of the conditions in section 68(2) or (3) of PSPJOA 2022 is met. (5) In paragraph (2)— - “a legacy scheme election” has the meaning given in section 40 of PSPJOA 2022; - “relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022; - “relevant service” has the meaning given in regulation 29(2) of the Judicial Pensions (Remediable Service etc.) Regulations 2023; - “remediable service” has the meaning given in section 39 of PSPJOA 2022.

Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017

3
  • (1) The FPJR 2017 are amended as follows.
  • (2) In regulation 2(1) (interpretation)—
  • (a) after the opening words insert—
  • PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
  • (b) after the definition of “the 1995 Regulations” insert—
  • the 2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;
  • (c) after the definition of “the post-1995 provisions” insert—
  • a 2015 scheme election” has the meaning given in section 44 of PSPJOA 2022;
  • (d) after the definition of “registered pension scheme” insert—
  • remediable service” has the meaning given in section 39 of PSPJOA 2022;
  • (3) In the closing words of regulation 31(2) (annual rate of pension under regulation 30), for “amount of the pension credit” substitute “sum of the amount of the pension credit and the amount of any remediable pension credit or remediable pension reduction under Part 5 of the 2023 Regulations”.
  • (4) After regulation 31(2) insert—

(2A) In paragraph (2)— (a) “remediable pension credit”, in the circumstances mentioned in— (i) regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(5) of those Regulations; (ii) regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(3) of those Regulations; (iii) regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations; (b) “remediable pension reduction” has the meaning given in regulation 56(12) of the 2023 Regulations.

  • (5) In regulation 64 (payment of contribution)—
  • (a) the existing text is numbered as paragraph (1);
  • (b) after that paragraph (1) insert—

(2) A contribution payable under section 52(4) of PSPJOA 2022 is to be paid in accordance with regulation 66 of the 2023 Regulations.

  • (6) After regulation 104 (membership) insert—

(104A) (1) This regulation applies where— (a) a person (“P”) has remediable service in an eligible fee-paid judicial office; (b) P has, during the period of remediable service, paid contributions to purchase added years under this Part; and (c) a 2015 scheme election is made in respect of P. (2) P is deemed to have been an active FPJAYS member in respect of the contributions.

  • (7) After regulation 117 (membership) insert—

(117A) (1) This regulation applies where— (a) a person (“P”) has remediable service in an eligible fee-paid judicial office; (b) P has, during the period of remediable service, paid contributions to purchase added surviving adult’s pension under this Part; and (c) a 2015 scheme election is made in respect of P. (2) P is deemed to have been an active JASAPS member in respect of the contributions.

Amendment of the Judicial Pensions Regulations 2022

4

In Schedule 1 to the Judicial Pensions Regulations 2022[^f00041], for paragraph 14(1) substitute—

(1) This paragraph applies to a transition member with continuity of service (T) who— (a) is a member of the 2015 scheme by virtue of T’s pensionable service under that scheme before the transition date; or (b) is deemed to have been an active member of the 2015 scheme by virtue of regulations 38A(2) or 38B(2) of, or paragraphs 23A(2) or 23B(2) of Schedule 1 to, the 2015 Regulations.

PART 2 — Amendments for other purposes

Amendment of the Judicial Pensions (Contributions) Regulations 1998

5
  • (1) In regulation 6(1) of the Judicial Pensions (Contributions) Regulations 1998[^f00042], for “office holder’s pension-capped” substitute “first £150,000 of the office holder’s”.
  • (2) The amendment made by sub-paragraph (1) has effect on and after 1st April 2016.

Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017

6
  • (1) In Table 3 in Schedule 3 to FPJR 2017[^f00043], in the entry in the fourth column of the last row (the first column of which contains the entry “150,001 and above”), for “1.80” substitute “0.00”.
  • (2) The amendment made by sub-paragraph (1) has effect on and after 1st April 2016.

Amendment of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021

7
  • (1) In regulation 10(1) of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021[^f00044], for sub-paragraph (a) substitute—

(a) by way of a lump sum— (i) at any time during the period beginning on 1st April 2021 and ending at the end of 31st March 2025, or (ii) at such later time as the administrators consider reasonable in all the circumstances;

  • (2) The amendment made by sub-paragraph (1) has effect on and after 1st April 2021.

Amendment of the Judicial Pensions Regulations 2022

8
  • (1) The Judicial Pensions Regulations 2022 are amended as follows with effect from 1st April 2022.
  • (2) In regulation 21 (calculation of “retirement index adjustment”)—
  • (a) for paragraph (1) substitute—

(1) The retirement index adjustment for an amount of accrued pension is— - where— “amount of accrued pension” means an amount of any description of accrued pension; “retirement index percentage” means the retirement index percentage calculated under paragraph (2).

  • (b) in paragraph (2), in the definition of “A”, for “index adjustment” substitute “in-service revaluation index”;
  • (c) after paragraph (2) insert—

(3) In paragraph (2), “in-service revaluation index”, in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme.

  • (3) In regulation 24(2)(a) (calculation of amount of accrued standard earned pension), omit “retirement”.
  • (4) In regulation 39(2) (amount of full retirement pension)—
  • (a) omit the “and” immediately after sub-paragraph (a);
  • (b) at the end of sub-paragraph (b) insert—

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

Signed

Alex Chalk — Lord Chancellor — Ministry of Justice — 4th July 2023

We consent to the making of these Regulations

Steve Double — Andrew Stephenson — Two of the Lords Commissioners of His Majesty’s Treasury — 27th June 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Public Service Pensions Act 2013 (c. 25) (“PSPA 2013”) makes provision, and confers powers to make further provision (in the form of “scheme regulations” as defined in section 1 of PSPA 2013), about the establishment of public service pension schemes. The Judicial Pensions Regulations 2015 (S.I. 2015/182) (“the 2015 Regulations”) are the scheme regulations establishing the successor judicial pension scheme (“the 2015 scheme”) to the judicial legacy schemes (as defined in section 70(3) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“PSPJOA 2022”)). The 2015 Regulations provided for transitional protection for certain cohorts of judicial legacy scheme members. This transitional protection was subsequently found to unlawfully discriminate between judicial pension scheme members on the basis of age.

The PSPJOA 2022, at Chapter 2, makes provision, and confers powers for scheme regulations under PSPA 2013 to make further provision, in relation to specified service (“remediable service” as defined in section 39 of PSPJOA 2022) of members who benefitted from transitional protection, and of members who did not benefit from transitional protection only by reason of their age. Section 62 of PSPJOA 2022 requires certain powers to make scheme regulations to be exercised in accordance with Treasury directions.

These Regulations are scheme regulations under PSPA 2013 and in accordance with PSPJOA 2022 in relation to a member’s remediable service in the judicial legacy schemes and in the 2015 scheme. They are, to the extent required by section 62 of PSPJOA 2022, made in accordance with Treasury directions under that section (in the form of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022). These Regulations have retrospective effect, which is authorised by section 3(3)(b) of PSPA 2013.

Part 1 of these Regulations contains provision about, among other things, governance, including the delegation of functions, a requirement to establish a procedure for consideration of appeals, and the relationship between the scheme manager and the Judicial Pension Board when exercising a discretion.

Part 2 of these Regulations makes provision about special cases where a member has remediable service and an immediate detriment remedy (within the meaning of section 68 of PSPJOA 2022) has not been obtained in relation to that service—

  • (a) Chapter 2 makes provision about cases where a member makes an election for legacy scheme benefits and they have previously exercised, in relation to their remediable service, options to purchase additional rights in the 2015 scheme, or to transfer rights out of the 2015 scheme;
  • (b) Chapter 3 makes provision about cases where a member has previously exercised a partial retirement option under either the 2015 scheme or the judicial legacy fee-paid scheme (as defined in section 70(5) of PSPJOA 2022), and the member makes an election for benefits in the other scheme;
  • (c) Chapter 4 makes provision about the payment by a judicial scheme of annual allowance charges.

Part 3 makes provision about cases where an immediate detriment remedy has been obtained in relation to a member’s remediable service—

  • (a) Chapter 2 makes provision about the provision of information in relation to a member’s rights and liabilities under PSPJOA 2022 and these Regulations;
  • (b) Chapter 3 makes provision about a requirement to transfer and surrender rights in relation to any remediable service that is PPA opted-out service (as defined in section 73(2) of PSPJOA 2022);
  • (c) Chapter 4 makes provision about the benefits payable to a child survivor of a member who died before the immediate detriment remedy was obtained;
  • (d) Chapter 5 makes provision about a partial retirement option exercised in respect of a fee-paid judicial office;
  • (e) Chapters 6 and 7 make provision about the treatment, including the correction, of benefits and contributions previously paid or payable;
  • (f) Chapter 8 makes provision about the payment of compensation for voluntary contributions paid to purchase additional pension rights;
  • (g) Chapter 9 makes provision about the repayment of a transitional protection allowance (as defined in section 54(4) of PSPJOA 2022);
  • (h) Chapter 10 makes provision about the payment of compensation;
  • (i) Chapter 11 makes provision about unauthorised payments (within the meaning of section 63(5) of PSPJOA 2022).

Part 4 makes provision in relation to certain fee-paid judges which is similar to the provision made by Part 3 in relation to cases where an immediate detriment remedy has been obtained.

Part 5 makes provision about cases in which the value of pension rights secured by virtue of a member’s remediable service are to be shared under a pension sharing order in accordance with section 29 of the Welfare Reform and Pensions Act 1999 (c. 30). It provides, in particular, for the calculation or, where appropriate, the re-calculation of the value of a pension debit and a pension credit in relation to the rights.

Part 6 makes provision about any amounts owed to or by a person as a result of PSPJOA 2022, these Regulations or an immediate detriment remedy—

  • (a) Chapter 1 makes provision about the calculation of interest;
  • (b) Chapter 2 makes provision about the reduction and waiver of an amount owed, in particular a requirement for the scheme manager to reduce some amounts by tax relief amounts and the discretion of the scheme manager to reduce or waive relevant amounts owed by a person to a scheme in certain circumstances;
  • (c) Chapter 3 makes provision about netting off amounts owed to and by a person;
  • (d) Chapter 4 makes provision about when and how relevant amounts must be paid.

Part 7, together with the Schedule, makes provision amending other legislation—

  • (a) Part 1 of the Schedule amends various instruments by virtue of, and in consequence of, PSPJOA 2022 and in consequence of these Regulations;
  • (b) Part 2—
  • (i) at paragraphs 5 and 6, amends the Judicial Pensions (Contributions) Regulations 1998 (S.I. 1998/1219) and the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522) to adjust the rate payable in relation to dependants contributions with effect from 1st April 2016;
  • (ii) at paragraph 7, amends the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021 (S.I. 2021/444) to expand the window during which a previous service contributions amount owed under those Regulations may be paid by way of a lump sum;
  • (iii) at paragraph 8, amends the Judicial Pensions Regulations 2022 (S.I. 2022/319) in relation to the calculation of the retirement adjustment index with effect from 1st April 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations on http://www.legislation.gov.uk.

Footnotes

[^f00001]: 1993 c. 8. Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c. 8). The Lord Chancellor is the “appropriate Minister” within the meaning of section 30 of the Judicial Pensions and Retirement Act 1993.

[^f00002]: 2013 c. 25. Section 3(1) was amended by section 94(2) of PSPJOA 2022, and section 3(2)(c) and (4A) were inserted by, respectively, section 94(3) and (4) of that Act.

[^f00003]: 2022 c. 7.

[^f00004]: Section 29(2A) was inserted by paragraph 8(2) of Schedule 5 to the Pension Schemes Act 2015.

[^f00005]: S.I. 2015/182 as amended by S.I. 2017/508, S.I. 2021/36 and S.I. 2022/319.

[^f00006]: S.I. 2017/522 as amended by S.I. 2018/1413, S.I. 2018/1149, S.I. 2019/781, S.I. 2020/386, S.I. 2021/444 and S.I. 2023/403.

[^f00007]: Published on 15 December 2022 and accessible online at https://www.gov.uk/government/publications/public-service-pensions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London, SW1A 2HQ.

[^f00008]: See section 39 of PSPJOA 2022 for the meaning of “remediable service”.

[^f00009]: See section 71(1) of PSPJOA 2022 for the meaning of “judicial office”.

[^f00010]: See section 68 of PSPJOA 2022 for provision about whether an “immediate detriment remedy” has been obtained.

[^f00011]: See section 40(1) and 42 of PSPJOA 2022 for the meaning and effect of “a legacy scheme election”.

[^f00012]: In accordance with section 110(1) of PSPJOA 2022, “FA 2004” means the Finance Act 2004 (c. 12).

[^f00013]: See section 69 of PSPJOA 2022 for the meaning of “the election period”.

[^f00014]: See section 71(3) of PSPJOA 2022 for the meaning of “fee-paid judicial office”.

[^f00015]: See section 70(1) of PSPJOA 2022 for the meaning of “a judicial scheme”.

[^f00016]: Section 237B was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c. 11).

[^f00017]: Section 237BA was inserted by section 9(3) of the Finance Act 2022 (c. 3).

[^f00018]: See section 70(4) of PSPJOA 2022 for the meaning of “judicial legacy salaried scheme”.

[^f00019]: See section 70(5) of PSPJOA 2022 for the meaning of “judicial legacy fee-paid scheme”.

[^f00020]: See section 72 of PSPJOA 2022 for the meaning of “the relevant authority”.

[^f00021]: See section 71(2) of PSPJOA 2022 for the meaning of “salaried judicial office”.

[^f00022]: See section 73(2) of PSPJOA 2022 for the meaning of “PPA opted-out service”.

[^f00023]: See section 70(3) for the definition of “judicial legacy scheme”.

[^f00024]: See section 110 of PSPJOA 2022 for the meaning of “employer”.

[^f00025]: See section 54(4) of PSPJOA 2022 for the meaning of “transitional protection allowance”.

[^f00026]: See section 58(5) of PSPJOA 2022 for the meaning of “mixed service”.

[^f00027]: See section 59(9) of PSPJOA 2022 for the meaning of “non-discrimination rule”.

[^f00028]: See section 63(5) of PSPJOA 2022 for the meaning of “unauthorised payment”.

[^f00029]: See section 103(3) of PSPJOA 2022 for the meaning of “relevant fee-paid judge”.

[^f00030]: See section 39(9) of PSPJOA 2022 for the meaning of “disqualifying gap in service”.

[^f00031]: See section 103(4) of PSPJOA 2022 for the meaning of “full protection member”.

[^f00032]: In accordance with section 110(1) of PSPJOA 2022, “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30).

[^f00033]: See section 70(3) of PSPJOA 2022 for the meaning of “a judicial legacy scheme”.

[^f00034]: Schedule 2A was inserted by S.I. 2000/2986 and paragraph 1 was amended by section 79 of the Pension Schemes Act 2015.

[^f00035]: In accordance with section 110(1) of PSPJOA 2022, “JUPRA 1993” means the Judicial Pensions and Retirement Act 1993 (c. 8).

[^f00036]: See section 109(3) of PSPJOA 2022 for the meaning of “pensioner member”.

[^f00037]: See section 61(3) of PSPJOA 2022 for the meaning of “relevant amounts”.

[^f00038]: For the meaning of “tax relief amounts”, see section 56(4) of PSPJOA 2022.

[^f00039]: S.I. 2017/512.

[^f00040]: Regulation 2 has been amended by S.I. 2022/319.

[^f00041]: S.I. 2022/319.

[^f00042]: S.I. 1998/1219. Regulation 6(1) has been amended by S.I. 2006/749.

[^f00043]: Schedule 3 was inserted by S.I. 2023/403.

[^f00044]: S.I. 2021/444.

Editorial notes

[^key-ccbaecb819327083d32d3ece2e4b1769]: Reg. 1 in force at 5.7.2023, see reg. 1(b)

[^key-dc2de96a83f3cb02cd79a7bdd0cdb3d1]: Reg. 2 in force at 5.7.2023, see reg. 1(b)

[^key-7817b9a1a70d17f7860624d07eff2e5d]: Reg. 3 in force at 5.7.2023, see reg. 1(b)

[^key-c4a6bcd6fd1f8d871050aaf752a00b01]: Reg. 4 in force at 5.7.2023, see reg. 1(b)

[^key-26d31f44497d64187be43dedc9144ae0]: Reg. 5 in force at 5.7.2023, see reg. 1(b)

[^key-26023f94aab997950f4050d9d9741f17]: Reg. 6 in force at 5.7.2023, see reg. 1(b)

[^key-e38583e188361e5493f965c471c16406]: Reg. 7 in force at 5.7.2023, see reg. 1(b)

[^key-eff39f55890efa9204f7bf20ec30c542]: Reg. 8 in force at 5.7.2023, see reg. 1(b)

[^key-6a37f06d475bd96cb649abeac1ec6649]: Reg. 9 in force at 5.7.2023, see reg. 1(b)

[^key-b1a38319a001a5be406c7dec89536c49]: Reg. 10 in force at 5.7.2023, see reg. 1(b)

[^key-7e1136b8941753dc5ae0eb282119c721]: Reg. 11 in force at 5.7.2023, see reg. 1(b)

[^key-b30e6a29b7a1f2f737ea61d1de34813a]: Reg. 12 in force at 5.7.2023, see reg. 1(b)

[^key-740da961d6224a566e09e001f786f24b]: Reg. 13 in force at 5.7.2023, see reg. 1(b)

[^key-5d258dd4b8d9ddd57031eed34a6167a4]: Reg. 14 in force at 5.7.2023, see reg. 1(b)

[^key-9c2410bb06300bede234fd34f794dc24]: Reg. 15 in force at 5.7.2023, see reg. 1(b)

[^key-73fa0eca7e3b017ccf5a35e73e8ea767]: Reg. 16 in force at 5.7.2023, see reg. 1(b)

[^key-9596754411b5da4570ff73e1fb903d6d]: Reg. 17 in force at 5.7.2023, see reg. 1(b)

[^key-6cfcb7dcb125768f8fe39f58fb8a8dcd]: Reg. 18 in force at 5.7.2023, see reg. 1(b)

[^key-1bc45adc6c311aad6788ac4f63299bb1]: Reg. 19 in force at 5.7.2023, see reg. 1(b)

[^key-4079e6a235c7dee4361f0dc9c1382868]: Reg. 20 in force at 5.7.2023, see reg. 1(b)

[^key-5d73213be452cafc337866d186cdfdd3]: Reg. 21 in force at 5.7.2023, see reg. 1(b)

[^key-d8fead7643c2e04b279d203c8898729f]: Reg. 22 in force at 5.7.2023, see reg. 1(b)

[^key-eddbdc255d481ebc1ca446bca3d5c10d]: Reg. 23 in force at 5.7.2023, see reg. 1(b)

[^key-010c07949e74cb062905f51fb319187c]: Reg. 24 in force at 5.7.2023, see reg. 1(b)

[^key-c86c7708031fc40f58ae4b63d016ef12]: Reg. 25 in force at 5.7.2023, see reg. 1(b)

[^key-8e086ad625dcf9bec7a3dc22171c8a89]: Reg. 26 in force at 5.7.2023, see reg. 1(b)

[^key-18515f46e1ac23baae1cec0cdaef25ee]: Reg. 27 in force at 5.7.2023, see reg. 1(b)

[^key-3dcb675a7f0ce182db91a479f7f1cfca]: Reg. 28 in force at 5.7.2023, see reg. 1(b)

[^key-458dc4881d509826097e0071bd62db98]: Reg. 29 in force at 5.7.2023, see reg. 1(b)

[^key-80e2f8da7eefa87cd66c8dfd68e0de34]: Reg. 30 in force at 5.7.2023, see reg. 1(b)

[^key-2bffc578188d14d96e0ba50fea5637ca]: Reg. 31 in force at 5.7.2023, see reg. 1(b)

[^key-387b461dffb93035814dea53107834d1]: Reg. 32 in force at 5.7.2023, see reg. 1(b)

[^key-23e780843f770cacab4b100f42ff3e08]: Reg. 33 in force at 5.7.2023, see reg. 1(b)

[^key-30927312681227c9dafd288b0c4cb0e7]: Reg. 34 in force at 5.7.2023, see reg. 1(b)

[^key-6a8617a4cf6e7b8806b7dba3db64ae2f]: Reg. 35 in force at 5.7.2023, see reg. 1(b)

[^key-7c50b5bcf0fee34f76a72c3fd3af894e]: Reg. 36 in force at 5.7.2023, see reg. 1(b)

[^key-eb6c39a89446b88ff3ee573763920801]: Reg. 37 in force at 5.7.2023, see reg. 1(b)

[^key-d22c347a9ee6c5201b6a224d474efb26]: Reg. 38 in force at 5.7.2023, see reg. 1(b)

[^key-251baa5a2eeb004858553594a713db18]: Reg. 39 in force at 5.7.2023, see reg. 1(b)

[^key-fd0e18931f5c987078b0fbee06fe724b]: Reg. 40 in force at 5.7.2023, see reg. 1(b)

[^key-2f4ec1231c107f4ad2ed030e6c281a5d]: Reg. 41 in force at 5.7.2023, see reg. 1(b)

[^key-24883cde9739696bb46db2d160ab98aa]: Reg. 42 in force at 5.7.2023, see reg. 1(b)

[^key-dd88654b557e0c6c647f38a992f87d76]: Reg. 43 in force at 5.7.2023, see reg. 1(b)

[^key-848d8d82e0011fa6afa6b1242d836103]: Reg. 44 in force at 5.7.2023, see reg. 1(b)

[^key-3f949afbdf5e04958c02a546b36f2a06]: Reg. 45 in force at 5.7.2023, see reg. 1(b)

[^key-10821a1ee019dcd139b53c1e5a188722]: Reg. 46 in force at 5.7.2023, see reg. 1(b)

[^key-e0fce4cb3ea01f1000dec1d47e472d91]: Reg. 47 in force at 5.7.2023, see reg. 1(b)

[^key-820426d68f3506897ebc213cb36afc22]: Reg. 48 in force at 5.7.2023, see reg. 1(b)

[^key-8cc7801b0d766bd37fe03be03d50760a]: Reg. 49 in force at 5.7.2023, see reg. 1(b)

[^key-cfa46cf8bfec540573838ed3ac67fbd5]: Reg. 50 in force at 5.7.2023, see reg. 1(b)

[^key-1bbb7375a477c82dc4646caf7ac46927]: Reg. 51 in force at 5.7.2023, see reg. 1(b)

[^key-ce63fb9dabc31aac7d4b21c7cc34fbff]: Reg. 52 in force at 5.7.2023, see reg. 1(b)

[^key-36aa028636202605759bbc98e576280b]: Reg. 53 in force at 5.7.2023, see reg. 1(b)

[^key-3e944f438eef7fdc7d83c4945eb315cd]: Reg. 54 in force at 5.7.2023, see reg. 1(b)

[^key-f0f496d1d4963462c1e93523253dba37]: Reg. 55 in force at 5.7.2023, see reg. 1(b)

[^key-f7d723e858409864fdf333a5e7e26905]: Reg. 56 in force at 5.7.2023, see reg. 1(b)

[^key-5d45b3a1dc184fd6ee6d96e5064b9182]: Reg. 57 in force at 5.7.2023, see reg. 1(b)

[^key-b967813ae3296b68413ebee0ded520b5]: Reg. 58 in force at 5.7.2023, see reg. 1(b)

[^key-4ed6aaec9990556722d472eef3c10183]: Reg. 59 in force at 5.7.2023, see reg. 1(b)

[^key-2898a1bc1842978e473048b28db9df73]: Reg. 60 in force at 5.7.2023, see reg. 1(b)

[^key-ac97a7f432333a9a6129d62603262299]: Reg. 61 in force at 5.7.2023, see reg. 1(b)

[^key-0c85b28e629d6b211eb44a7148b94759]: Reg. 62 in force at 5.7.2023, see reg. 1(b)

[^key-e351e3b5ba644fdd770b45e00a26cce8]: Reg. 63 in force at 5.7.2023, see reg. 1(b)

[^key-7219673931fec796128c7b043356734b]: Reg. 64 in force at 5.7.2023, see reg. 1(b)

[^key-961c402d2e3c7871f4d67bbc8ae9f59c]: Reg. 65 in force at 5.7.2023, see reg. 1(b)

[^key-9f1903e08eef9b291d026b0233129dc9]: Reg. 66 in force at 5.7.2023, see reg. 1(b)

[^key-a5665211bb2eed98836fb176a98d693f]: Reg. 67 in force at 5.7.2023, see reg. 1(b)

[^key-7ed3dd6d0349fe35376dd7a4b03f8387]: Reg. 68 in force at 5.7.2023, see reg. 1(b)

[^key-908ff9e939d8f13e9dfdae818720b03b]: Reg. 69 in force at 5.7.2023, see reg. 1(b)

[^key-fdf84a337d9b172532eee9f611d055de]: Sch. para. 1 in force at 5.7.2023, see reg. 1(b)

[^key-b31d8b2ef9ea32292cef2909d15c08b0]: Sch. para. 2 in force at 5.7.2023, see reg. 1(b)

[^key-30f5ca5840d4d0591d6d8be0880d0780]: Sch. para. 3 in force at 5.7.2023, see reg. 1(b)

[^key-70ea2035875dcd16d732e052875a18e9]: Sch. para. 4 in force at 5.7.2023, see reg. 1(b)

[^key-45641c4e456d9c736c8d0e7d1e7a6152]: Sch. para. 5 in force at 5.7.2023, see reg. 1(b)

[^key-76d80e51eec7fa169c3c1cb90541080b]: Sch. para. 6 in force at 5.7.2023, see reg. 1(b)

[^key-ba377d545f4dd8a8abf5defb2b54d549]: Sch. para. 7 in force at 5.7.2023, see reg. 1(b)

[^key-53f57e11c07e454802d5705bceca2b6c]: Sch. para. 8 in force at 5.7.2023, see reg. 1(b)

[^key-ef31734f187b8eb1937ecd488de89dfa]: Words in reg. 2 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(2)

[^key-d3078650da6d4d84344db108c5922a4e]: Words in reg. 18(1)(a) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(3)(a)

[^key-b3c7e51bfbce796c8a7aefeb8d33aea8]: Word in reg. 18(3) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(3)(b)

[^key-d5a9620272b17a31bdaf165fbdb0b6f8]: Words in reg. 19(1) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(a)(i)

[^key-e7c40762b8067af3cb7043d7390c70b3]: Word in reg. 19(1)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(a)(ii)(aa)

[^key-f66f631e5190435a021577865d980721]: Words in reg. 19(1)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(a)(ii)(bb)

[^key-bee47ebe9e186efff481dc23051e4dbd]: Words in reg. 19(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(b)

[^key-29852a1065012502048cd01ede46684c]: Words in reg. 19(3) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(c)(i)

[^key-ff990bbc5cb1b4df0de0ce3dbf5f6f98]: Word in reg. 19(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(c)(ii)(aa)

[^key-a68d9967a8cf869708ef0da8160ed0c9]: Words in reg. 19(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(c)(ii)(bb)

[^key-a35b8fc5d14f6182b75bf353b6b6b9a1]: Words in reg. 19(4) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(4)(d)

[^key-8434283c976c3f7f227c4696d3b4b3bf]: Words in reg. 20(1) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(a)(i)

[^key-6807b4b3338a162713e24703502c5049]: Words in reg. 20(1)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(a)(ii)

[^key-a46ac1ec8dde28567df6d1b301cad087]: Words in reg. 20(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(b)

[^key-e600877a0016999d14afec159eb7343c]: Words in reg. 20(3) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(c)(i)

[^key-dbc8bfe0a726fef98035ff821eb2b24b]: Words in reg. 20(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(c)(ii)

[^key-7403e6f1edfd2e258dfeffd480f029e4]: Words in reg. 20(4) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(5)(d)

[^key-66ae950d030ca5e4b98dd96cc657d73c]: Word in reg. 23 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(a)

[^key-f2293ac66dd791d39a421d512e3d3217]: Word in reg. 23 heading inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(a)

[^key-b6bd9bfafa31a07e7fb0dc1430264ba0]: Words in reg. 23(1) omitted (24.1.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(b)

[^key-da0b8379e59947022f4ddbe0f80e4645]: Words in reg. 23(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(c)(i)

[^key-aa9f67a820b9eb5cbc2bd6c1cec4f4c8]: Words in reg. 23(2) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(c)(ii)

[^key-d05053ec00fbdc8406cb95e33757856b]: Words in reg. 23(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(d)(i)

[^key-31a701eb1d4f1171850aaa74985d6c98]: Words in reg. 23(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(6)(d)(ii)

[^key-d720f03c58a2fcefbc24d08595b642c7]: Word in reg. 24 heading inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(a)

[^key-be4ccc81ac973b619bc3567cdcf55917]: Word in reg. 24 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(a)

[^key-f5e5ddb4ca61d3ad6c9e7033228005db]: Words in reg. 24(1)(a) omitted (24.1.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(b)

[^key-76168686d00a3b3b0a16c886bcf11509]: Words in reg. 24(2)(a) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(c)(i)

[^key-3a0ba888e625dda79d7bf1ad40931b42]: Words in reg. 24(2)(a) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(c)(ii)

[^key-0ef5757202d188225485d7721211f1c3]: Words in reg. 24(2)(b)(ii) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(d)(i)

[^key-881988efbc79a127cef126675d084b65]: Words in reg. 24(2)(b)(ii) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(7)(d)(ii)

[^key-b56153514ba308e63b26e52664511804]: Word in reg. 25 heading inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(a)

[^key-41b86f09653306cb10b5849571c03907]: Word in reg. 25 inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(a)

[^key-056279c602cab57f6c389fe17eae9aab]: Words in reg. 25(1) omitted (24.1.2024) by virtue of The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(b)

[^key-39f7d93dd7c471321b173e28940d8bc8]: Words in reg. 25(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(c)(i)

[^key-3c7fb5ed0bb8c4343d714ae18ea68d11]: Words in reg. 25(2) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(c)(ii)

[^key-b77f6c8fc5d73d9846c3f1e9ae57c61d]: Words in reg. 25(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(d)(i)

[^key-819b75b4c3976d023028cc2c9ad9fff5]: Words in reg. 25(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(8)(d)(ii)

[^key-4cd2161f285c590eabd3bc19db21b1ae]: Words in reg. 35(1) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(a)(i)

[^key-0f5381a87c747a64b9180643fd53e4c3]: Word in reg. 35(1)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(a)(ii)(aa)

[^key-61e49ac12112c6af067ac79518861604]: Words in reg. 35(1)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(a)(ii)(bb)

[^key-e96acbc31cb0161f3b4040011008ba96]: Words in reg. 35(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(b)

[^key-4c259aef1ff602250881203134d7ac05]: Words in reg. 35(3) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(c)(i)

[^key-a75ef3a7de1466b47a01de288a9cac6a]: Word in reg. 35(3)(b) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(c)(ii)(aa)

[^key-2efb308ac3ec5a546f944acf7cff412b]: Words in reg. 35(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(c)(ii)(bb)

[^key-13a72b5a0778fe595b3fd392e69e7e5a]: Words in reg. 35(4) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(9)(d)

[^key-eb02ee8b609c23cb95e54e3819cbde2d]: Words in reg. 36(1) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(a)(i)

[^key-e9ae30400d32729448c2ce816b39a7a7]: Words in reg. 36(1)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(a)(ii)

[^key-caa0745caabb5c694261ecf5cfc8b172]: Words in reg. 36(2) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(b)

[^key-f1bc6a44d49fc475d911990ce55e7230]: Words in reg. 36(3) substituted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(c)(i)

[^key-ea19379903a9516d801d6100161ea727]: Words in reg. 36(3)(b) inserted (24.1.2024) by The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024 (S.I. 2024/79), regs. 1(b), 3(10)(c)(ii)

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