Public Service Pensions PART 1 Introductory Citation, commencement and extent 1 1 These Regulations may be cited as the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 and come into force on 1st April 2023. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. PART 2 Amendments relating to service before 7th April 2000 Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 2 The Judicial Pensions (Fee-Paid Judges) Regulations 2017 (“ the 2017 Regulations ”) are amended in accordance with this Part. Amendment of regulation 2 3 In regulation 2(1)— a in the definition of “the 2017 schemes”, for “and the JASAPS” substitute “, the JASAPS and the FPJABS” ; b after the definition of “the 2017 schemes” insert— “ the FPJABS ” means the Fee-Paid Judicial Added Benefits Scheme constituted by Part 14A ; ; c after the definition of “the JASAPS” insert— “ JUPRA service ” means service in a qualifying judicial office as defined in section 1(6) of the Judicial Pensions and Retirement Act 1993; “ the pre-1995 provisions ” means the provisions for the calculation of benefits contained in Part 2B; “ the post-1995 provisions ” means the provisions for the calculation of benefits contained in Parts 3 and 6; ; d after the definition of “the administrators” insert— “ the amendment day ” means 1st April 2023; ; e for the definition of “normal pension age” substitute— “ normal pension age ” means (except in Part 11)— for an office in relation to which pension benefits are calculated under the pre-1995 provisions— for an office listed in Table 1 in Schedule 1, age 70 or the age at which the person has completed 15 years of qualifying judicial service, whichever is earlier, for an office listed in Table 2 or Table 3 in Schedule 1, apart from those offices listed in sub-paragraph (iii) of this definition, age 65 or the age at which the person has completed 2 years of qualifying judicial service, whichever is later, for the offices of Deputy Circuit Judge, Recorder, Assistant Recorder, Employment Tribunal Chairman and Temporary Judge of the Employment Tribunal (when a legal qualification is a requirement of appointment), age 65, or for an office in relation to which pension benefits are calculated under the post-1995 provisions, age 65, or the age at which the person has completed 5 years of qualifying judicial service, whichever is later; ; f after the definition of “retires” insert— “ service credit day ” has the meaning given in regulation 4(3A); “ service credit day multiplier ” means 0.67 where the relevant office is that of Deputy Adjudicator HM Land Registry, and otherwise— 0.5 where the member’s appointment to a relevant office is before 1 October 2002, and 0.53 where the member’s appointment to a relevant office is on or after 1 October 2002; “ service limitation date ” in relation to an office means a date specified in Schedule 1 in relation to that office after which service may count as qualifying fee-paid service; ; g omit the definitions of “surviving adult”, “surviving adult’s pension”, “surviving civil partner” and “surviving spouse”. Amendment of regulation 3 4 In regulation 3(1)(a), for “the Schedule” substitute “any of the tables in Schedule 1” . Amendment of regulation 4 5 In regulation 4— a in paragraph (2)— i in sub-paragraph (b) for “7th April 2000” substitute “any service limitation date specified in Schedule 1 in relation to the fee-paid judicial office,” , ii after sub-paragraph (b) insert— ba that the relevant day was not worked by P in an eligible fee-paid judicial office before 31st March 1995, where P had a new appointment, as that term is defined in regulation 11B(2), before 31st March 1995, unless the retirement benefits in relation to that new appointment are to be calculated under the post-1995 provisions or are in relation to JUPRA service; ; b in paragraph (3), for “(subject to paragraph (5))” substitute “(subject to paragraphs (3B) and (4))” ; c after paragraph (3) insert— 3A A service credit day is a day worked by P on or before the service limitation date applicable to an eligible fee-paid judicial office. 3B Any service credit days are taken into account in determining P’s qualifying fee-paid service under paragraph (3) after multiplying the number of service credit days by the service credit day multiplier in relation to that office. ; d in paragraph (4) for “under paragraph (4)” substitute “under paragraph (3)” ; e after paragraph (4) insert— 4A Where P first held an eligible fee-paid judicial office specified in Tables 1 or 2 of Schedule 1 before 31st March 1995, and benefits in relation to that office are to be calculated under the post-1995 provisions, for the purposes of determining P’s qualifying fee-paid service, a multiplier of 1.25 is to be applied to the number of qualifying fee-paid days before the date of any new appointment, as that term is defined in regulation 11B(2), or to the number of qualifying fee-paid days on or before the date any election under regulation 11C takes effect. . Amendment of regulation 5 6 In regulation 5— a in paragraph (1)(b) for “column 2 of the Schedule” substitute “column 2 of the appropriate table in Schedule 1” ; b in paragraph (8), in Step 2, for the words from “with the next highest” to “lower appropriate annual salary” substitute “whose inclusion would result in a higher annual rate of pension per year of reckonable service taken into account before judicial offices whose inclusion would result in a lower annual rate of pension per year of reckonable service taken into account” ; c for paragraph (12) substitute— 12 For the purposes of paragraphs (10)(b)(i) and (11)(b)(i)— a the aggregate length of P’s reckonable service in the eligible fee-paid judicial offices is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply; and b for any office which is specified in Tables 1 or 2 of Schedule 1 in relation to which benefits are to be calculated under the pre-1995 provisions, the following reckonable service in that office is to be multiplied by 20 and divided by 15 to give the amount of P’s reckonable service in that office— i any reckonable service in relation to which benefits are to be calculated under the pre-1995 provisions, ii any reckonable service before the date P had a new appointment as that term is defined in regulation 11B(2), and iii any reckonable service before the date a notice under regulation 11C has effect. . d in paragraph (13), for the words from “with a higher appropriate annual salary” to the end, substitute “which result in a higher annual rate of pension per year of reckonable service taken into account is to be taken into account before P’s reckonable service in judicial offices which result in a lower annual rate of pension per year of reckonable service taken into account” . Amendment of regulation 6 7 In regulation 6(2), after sub-paragraph (a) insert— aa it does not matter whether P holds a judicial office on or before any service limitation date applicable to that office; . Amendment of regulation 7 8 In regulation 7— a in paragraph (2)(b), for “the Schedule” substitute “the appropriate table in Schedule 1” ; b in paragraph (3), in the opening words, after “salaried judicial office” insert “and benefits are to be calculated under the post-1995 provisions” ; c after paragraph (3) insert— 3A Where the relevant judicial office is a salaried judicial office and benefits are to be calculated under the pre-1995 provisions, the references are to the last annual salary as that expression applies for the purposes of the Judicial Pensions Act 1981 . . Amendment of regulation 8 9 In regulation 8— a for paragraph (1) substitute— 1 A person who held judicial office on or after 7th April 2000 (“ P ”), is a member of the principal scheme if P held a fee-paid judicial office at any time before the first relevant date and— a P continued to hold judicial office on the second relevant date; b P ceased to hold judicial office before the second relevant date and condition A is met; or c P died before the second relevant date without having ceased to hold judicial office and condition B is met. ; b in paragraph (4)— i in the opening words— aa omit “fee-paid”, bb before “relevant date”, in both places, insert “second” , ii in sub-paragraph (b), in the first place it occurs, for “that office”, substitute “the fee-paid judicial office” ; c omit paragraphs (5) and (6); d for paragraph (7), substitute— 7 For the purposes of this regulation— “the first relevant date” is— 1st April 2022 where P— held a judicial office on 31st March 2012 and on 31st March 2015 and made an election under section 40 of the Public Service Pensions and Judicial Offices Act 2022 , or was excluded from being an active member of the scheme established by the Judicial Pensions Regulations 2015 because regulation 14(4)(a) of those Regulations (protected member of existing scheme) applied to P, or 1st April 2015 in any other case; “the second relevant date” is— 1st February 2013 where P only held a fee-paid judicial office— whose jurisdiction is exercised exclusively in relation to Northern Ireland, and which is not one of the offices referred to in paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 , or 2nd December 2012 in all other cases. . Amendment of regulation 9 10 In regulation 9— a after paragraph (2) insert— 2A If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member. ; b in paragraph (3)(c), at the end insert “or a service credit day” . Amendment of regulation 10 11 In regulation 10, after paragraph (1) insert— 1A A person with any liability to pay contributions for any period before 7th April 2000 as a consequence of amendments made to these Regulations coming into effect on 1st April 2023, may opt out in relation to all or part of that period by sending a notice to the appropriate Minister on or before 31st October 2023. . Determination of applicable provisions to calculate benefits 12 After regulation 11 (opting back in) insert— PART 2A Requirements and elections for retirement benefits and death benefits to be calculated under pre-1995 provisions or post-1995 provisions Calculation of retirement benefits 11A 1 Retirement benefits, death benefits and associated contributions for a member (“ P ”) in relation to an eligible fee-paid judicial office must be calculated under the post-1995 provisions, unless P meets the conditions in regulation 11B in relation to that office. 2 Where benefits in relation to an eligible fee-paid judicial office have been paid to or in respect of P before the amendment day, and those benefits would have been calculated under the pre-1995 provisions if paragraph (1) had been in force on the date of P’s retirement or death, benefits and contributions in relation to that office must be re-calculated under the pre-1995 provisions. Conditions for retirement benefits and death benefits to be calculated under Part 2B 11B 1 Retirement benefits, death benefits and associated contributions for P in relation to an eligible fee-paid judicial office which is listed in Table 1, 2 or 3 of Schedule 1 (the “relevant office”) are to be calculated under the pre-1995 provisions where P first held the relevant office before 31st March 1995, and also held judicial office on or after 31st March 1995, but P did not have a new appointment on or after 31st March 1995. 2 P has a “ new appointment ” in relation to a relevant office upon appointment to another judicial office in place of that relevant office or, if after ceasing to hold the relevant office, P is appointed to another judicial office and in either case that other office is— a a salaried office; or b an eligible fee-paid judicial office with a different pre-1995 judicial pension scheme. 3 For the purposes of paragraph (2)(b), an eligible fee-paid office has a different pre-1995 judicial pension scheme to the pre-1995 judicial pension scheme of another eligible fee-paid judicial office if it is specified in a different table in Schedule 1 and is not specified in Table 4 in that Schedule. 4 This regulation is subject to any election under regulation 11C made by P in relation to the relevant office. Elections available to members 11C 1 If the conditions in regulation 11B are met, P, or if P has died, P’s personal representative, may nevertheless elect for benefits in relation to the relevant office which would otherwise be calculated under the pre-1995 provisions to be calculated under the post-1995 provisions, by sending a notice to the appropriate Minister. 2 A notice under this regulation— a must be in the form determined by the appropriate Minister; b must be received by the appropriate Minister within the period of 12 months beginning with the day on which P retires or dies, or, if P has retired or died before this regulation came into force, within the period of 12 months beginning with the amendment day; c has effect the day it is received; and d is irrevocable. Benefits calculated under both the pre-1995 provisions and the post-1995 provisions 11D 1 Where either or both of paragraphs (2) or (3) apply to P, P’s benefits must be calculated under the pre-1995 provisions and the post-1995 provisions respectively and aggregated. 2 P has benefits relating to more than one eligible fee-paid judicial office in relation to which benefits are to be calculated under the pre-1995 provisions and has made an election under regulation 11C for benefits in relation to one or more, but not all, of those offices to be calculated under the post-1995 provisions. 3 P has benefits relating to more than one eligible fee-paid judicial office and regulation 11B applies in respect of one or more, but not all, of those offices. PART 2B Pre-1995 Provisions CHAPTER 1 Retirement Benefits Retirement at or after normal pension age: entitlement to ordinary pension 11E 1 This regulation applies to a member (“ P ”) whose benefits are to be calculated under the pre-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where— a P retires; and b on the day on which P retires, P— i has reached normal pension age for a relevant office, and ii has accrued reckonable service in relation to that office. 2 On the pension start day, P becomes entitled to the payment for life of a pension. 3 In this regulation “ the pension start day ” means— a the day after the day on which P retires; or b if later, the amendment day. Annual rate of ordinary pension 11F 1 The annual rate of a pension to which P becomes entitled under regulation 11E is determined under paragraph (3), (5) or (7) (whichever applies). 2 Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office. 3 The annual rate for the relevant office is determined in accordance with the following formula— R JS × AF × S where— R is P’s reckonable service in the relevant office JS is the number of years of qualifying judicial service that P has subject to a maximum of— 15 years for an office specified in Table 1 or 2 in Schedule 1, or 20 years for an office specified in Table 3 in Schedule 1 AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service S is the appropriate annual salary of the judicial office held by P immediately before retirement. 4 Paragraph (5) applies where— a on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and b P did not at any time before retirement hold two or more eligible fee-paid judicial offices simultaneously. 5 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3) in relation to each relevant office. Step 2 Add together the annual rates determined under Step 1. 6 Paragraph (7) applies where— a on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and b at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously. 7 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if— that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and P held that office (and held no other judicial office) immediately before retirement. Step 2 Determine the annual rate under paragraph (3) in relation to any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is— where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office, where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. Step 3 Add together each of the rates determined under Steps 1 and 2. 8 Paragraph (9) applies where— a during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and b during one or more parts of that period P held no eligible fee-paid judicial office other than office A. 9 For the purposes of paragraph (7)— a office A is to be treated as two different relevant offices— i the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and ii the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and b P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office. Retirement under normal pension age on removal from judicial office: entitlement to reduced pension 11G 1 This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where— a P retires by virtue of having been removed from all judicial offices held by P; b on the day on which P retires, P has not reached normal pension age for one or more relevant offices; and c the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme in relation to the relevant offices be given immediate effect. 2 The administrators must notify P of the recommendation under paragraph (1)(c). 3 If P elects in writing to the administrators within 3 months of receiving the notice referred to in paragraph (2), that P wishes to receive benefits under this regulation— a P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension in respect of the relevant offices; and b P also becomes entitled, on that day, to the amount P would have been entitled to in respect of the relevant offices if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a). 4 In this regulation “ the pension start day ” means— a the day after the day on which P retires; or b if later, the amendment day. Annual rate of reduced pension 11H 1 The annual rate of a pension to which a member (“ P ”) becomes entitled under regulation 11G is determined under paragraph (3), (5) or (7) (whichever applies). 2 Paragraph (3) applies where on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office. 3 The annual rate for the relevant office is determined in accordance with the following formula— ( R JS × AF × S ) × ( A + ( B 365 × ( C − A ) ) ) where— R is P’s reckonable service in the relevant office JS is the number of years of qualifying judicial service that P has, subject to a maximum of— 15 years for offices specified in Tables 1 and 2 in Schedule 1, and 20 years for offices specified in Table 3 in Schedule 1 AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service S is the appropriate annual salary of the judicial office held by P immediately before retirement A is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday preceding the day on which P retires B is the number of days in the period beginning with P’s birthday preceding the day on which P retires and ending with the day on which P retires C is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday following the day on which P retires. 4 Paragraph (5) applies where— a on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and b P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously. 5 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3) in relation to each relevant office. Step 2 Add together each of the annual rates determined under Step 1. 6 Paragraph (7) applies where— a on retirement P has reckonable service in more than one eligible fee-paid judicial office; and b at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously. 7 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office as if— that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and P held that office (and held no other judicial office) immediately before retirement. Step 2 Determine the annual rate under paragraph (3), in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is— where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office, where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. Step 3 Add together each of the rates determined under Steps 1 and 2. 8 Paragraph (9) applies where— a during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and b during one or more parts of that period P held no eligible fee-paid judicial office other than office A. 9 For the purposes of paragraph (7)— a office A is to be treated as two different relevant offices— i the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and ii the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and b P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office. Retirement under normal pension age: entitlement to preserved pension 11I 1 This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where— a P retires; b if P retires by virtue of having been removed from all judicial offices held by P and the appropriate Minister makes a recommendation under regulation 11G(1)(c), P does not make an election under regulation 11G(3); and c on the day on which P retires, P— i has not reached normal pension age for a relevant office, and ii has at least 2 years’ qualifying judicial service. 2 On the pension start day, P becomes entitled to the payment for life of a pension in respect of the relevant office. 3 In this regulation “ the pension start day ” means— a the day on which P— i reaches the normal pension age for the relevant office, or ii (if later) would have completed the requirement for qualifying judicial service in relation to the relevant office, if P had continued to hold a judicial office; or b if later, the amendment day. Annual rate of preserved pension 11J 1 The annual rate of preserved pension to which a member (“ P ”) is entitled under regulation 11I is determined under paragraph (3) or (5) (whichever applies). 2 Paragraph (3) applies where, on retirement— a P has reckonable service in one or more eligible fee-paid judicial offices; and b P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously. 3 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate in relation to each relevant office in accordance with the following formula— ( N JS × AF × S ) × Z Z + Y where— N is the reckonable service which P accrued, in the relevant office, before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply JS is the number of years of qualifying judicial service that P has, subject to a maximum of— 15 years for offices in Tables 1 or 2 in Schedule 1, and 20 years for offices in Table 3 in Schedule 1 AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service as if P had continued to hold that office until the date on which P reaches the normal pension age applicable for that office, subject to a maximum of— 15 years for offices in Tables 1 or 2 in Schedule 1, and 20 years for offices in Table 3 in Schedule 1 S is the appropriate annual salary of the judicial office held by P immediately before retirement Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age for the relevant office. Step 2 Add together the annual rates determined under Step 1. 4 Paragraph (5) applies where— a on retirement P has reckonable service in more than one eligible fee-paid judicial office; and b at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously. 5 The annual rate for any relevant offices is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if— that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and P held that office (and held no other judicial office) immediately before retirement. Step 2 Determine the annual rate under paragraph (3) of this regulation in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is— where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office, where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. Step 3 Add together each of the rates determined under Steps 1 and 2. 6 Paragraph (7) applies where— a during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and b during one or more parts of that period P held no judicial office other than office A. 7 For the purposes of paragraph (5)— a office A is to be treated as two different relevant offices— i the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and ii the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); and b P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office. Retirement due to ill-health: entitlement to ill-health ordinary pension 11K 1 This regulation applies to a member (“ P ”) whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”) where P retires and the ill-health certification condition is met in relation to P. 2 On the pension start day, P becomes entitled to the payment for life of a pension in respect of any relevant offices. 3 In this regulation “ the pension start day ” means— a the day after that on which P retires; or b if later, the amendment day. 4 It is not material whether P has reached the normal pension age or met any requirement for qualifying judicial service in relation to a relevant office. 5 Where apart from this paragraph, P would be entitled to— a a pension under this regulation; and b a pension under— i regulation 11G (retirement under normal pension age on removal from judicial office), or ii regulation 11I (retirement under normal pension age: entitlement to preserved pension) P is not entitled to any pension mentioned in sub-paragraph (b). Annual rate of ill-health ordinary pension 11L Regulation 11F applies in relation to the annual rate of pension to which a person is entitled under regulation 11K as it applies in relation to the annual rate of pension to which a person is entitled under regulation 11E. Times at which pension under this Part is payable 11M A pension under this Part is payable at such intervals, not exceeding 3 months, as the Treasury may determine. Lump sum: entitlement and amount 11N 1 This regulation applies where a member (“ P ”) retires on or after the amendment day and becomes entitled to the payment of a pension under this Part. 2 At the time P becomes entitled to the payment of a pension, P becomes entitled to a lump sum of twice the annual rate of pension payable to P under this Part. Multiple retirements 11O Regulation 26 applies to a member whose benefits are calculated under this Part, who retires and subsequently resumes judicial office, as it applies to a member whose benefits are calculated under Part 3. CHAPTER 2 Death Benefits Interpretation 11P In this Chapter— “ surviving adult ”, in relation to a deceased member (“ P ”), means P’s surviving spouse or surviving civil partner; “ surviving spouse ”, in relation to P, means a person who— was married to P on the date of P’s death, and if P retired before death, entered into the marriage before P retired; “ surviving civil partner ”, in relation to P, means a person who— was in a civil partnership with P on the date of P’s death, and if P retired before death, entered into the civil partnership before P retired; “ surviving adult’s pension ” means a pension payable to a surviving adult under this Chapter. Entitlement to surviving adult’s pension 11Q 1 This regulation applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving a surviving adult. 2 On the pension start day, the surviving adult becomes entitled to the payment for life of a pension. 3 For the purposes of paragraph (2) the “ pension start day ” means— a the day after the day on which P dies; or b if later, the amendment day. 4 Where the surviving adult marries or enters into a civil partnership, the Treasury may, at any time, direct that payment of the pension be withheld. 5 The Treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed. Annual rate of surviving adult’s pension 11R 1 The annual rate of a pension to which a person becomes entitled under regulation 11Q is equal to one half of the rate of the pension of the deceased member ( “P” ). 2 For the purposes of this regulation the rate of P’s pension is determined as follows. 3 Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died. 4 Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if— a on the day on which P died, P had not died but had instead retired; and b the ill-health certification condition were met in relation to P. 5 Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day. 6 Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if— a on the day on which P died, P had not died but had instead retired; b the ill-health certification condition were met in relation to P; and c P were still alive on the amendment day. Annual rate of surviving adult’s pension: special provision for surviving civil partners 11S 1 Paragraph (2) applies where— a the surviving civil partner in relation to a member (“ P ”) becomes entitled to a pension under regulation 11Q; b P held a judicial office before, and on, 5th December 2005; and c P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner’s pension under regulation 11R should be calculated as if P first held a judicial office on 5th December 2005. 2 The rate of P’s pension, for the purposes of regulation 11R, is to be determined on the basis that P first held a judicial office on 5th December 2005. 3 In this regulation “ the relevant day ” means— a the amendment day; or b if later, the day on which the civil partnership is entered into. 4 An election under this regulation is irrevocable. Payment of a surviving adult’s pension 11T A surviving adult’s pension is payable at such intervals, not exceeding 3 months, as the Treasury may determine. Entitlement to an eligible child’s pension 11U 1 This regulation applies if a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices, dies leaving one or more eligible children. 2 On the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension. 3 In this regulation, the “ pension start day ” means— a the day after the day on which P dies; or b if later, the amendment day. 4 In this regulation, the “ relevant person ” means such person or persons as the Treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons. Annual rate of eligible child’s pension 11V 1 The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies without leaving a surviving adult, is— a in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P’s pension; b in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P’s pension. 2 The annual rate of a pension to which a person becomes entitled under regulation 11U, where P dies leaving a surviving adult, is— a in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P’s pension; b in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P’s pension; c in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P’s pension; d in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P’s pension. 3 The Treasury may direct, where the deceased member leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner. 4 The Treasury may, at any time, cancel a direction given under paragraph (3). 5 For the purposes of this regulation the “rate of P’s pension” is determined as follows. 6 Where P dies on or after the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under this Part on the day on which P died. 7 Where P dies on or after the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the day after that on which P died if— a on the day on which P died, P had not died but had instead retired; and b the ill-health certification condition were met in relation to P. 8 Where P dies before the amendment day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if P were still alive on that day. 9 Where P dies before the amendment day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under this Part on the amendment day if— a on the day on which P died, P had not died but had instead retired; b the ill-health certification condition were met in relation to P; and c P were still alive on the amendment day. Payment and application of an eligible child’s pension 11W 1 A pension to which a person is entitled under regulation 11U is payable at such intervals, not exceeding 3 months, as the Treasury may determine. 2 A person to whom a pension or part of a pension under regulation 11U is paid must apply the pension for the benefit of— a all eligible children of the deceased member; or b such eligible children of the deceased member as the Treasury may direct. Lump sum on death: death in service 11X 1 Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies without having retired. 2 Unless a lump sum is payable on P’s death under any provision of— a the Judicial Pensions Act 1981; b the Judicial Pensions and Retirement Act 1993; c a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 ; or d a scheme under section 1 of the Public Service Pensions Act 2013 , on the day after that on which P dies, the relevant person becomes entitled to a lump sum. 3 The amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9) (whichever applies). 4 Paragraph (5) applies where, on P’s death, P has reckonable service in only one eligible fee- paid judicial office which is a relevant office. 5 The amount of the lump sum is the greater of— a twice the annual pension that P would have received in respect of the office if P had retired on ill-health grounds on the day of P’s death; and b a sum determined in accordance with the following formula— S × RS JS where— S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply JS is P’s qualifying judicial service, expressed in years and any fraction of a year. 6 Paragraph (7) applies where— a on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and b P did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously. 7 The amount of the lump sum is the greater of— a twice the annual pension that P would have received in respect of any relevant offices if P had retired on ill-health grounds on the day of P’s death; and b a sum determined in accordance with the following formula— S × ARS JS where— S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply JS is P’s qualifying judicial service expressed in years and any fraction of a year. 8 Paragraph (9) applies where— a on P’s death, P has reckonable service in more than one eligible fee-paid judicial office; and b at any time before death, P held two or more eligible fee-paid judicial offices simultaneously. 9 The amount of the lump sum in respect of any relevant offices is determined by taking the following steps— Step 1 Determine the lump sum under paragraph (5) in relation to each relevant office which P held simultaneously with another eligible fee-paid office, as if that office were the only eligible fee-paid relevant office held by P. Step 2 Determine the lump sum under paragraph (7) in relation to those relevant offices which P did not hold simultaneously with another eligible fee-paid office and, for these purposes, in paragraph (7)(b), S is— where P held a single eligible fee-paid judicial office immediately before P’s death, the appropriate annual salary of that judicial office, determined as if P had retired on the date of P’s death; where P held more than one eligible fee-paid judicial office immediately before P’s death, the highest appropriate annual salary of those offices, determined as if P had retired on the date of P’s death. Step 3 Add together each of the lump sums determined under Step 1 and the lump sum determined under Step 2. 10 Paragraph (11) applies where— a during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and b during one or more parts of that period P held no eligible fee-paid judicial office other than office A. 11 For the purposes of paragraph (9)— a office A is to be treated as two different relevant offices— i the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in Step 1 in paragraph (9), and ii the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in Step 2 in paragraph (9); and b P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office. 12 In this regulation “ the relevant person ” means— a the person nominated by P for the purpose of this regulation by notice in writing to the administrators; or b in default of such nomination, P’s personal representatives, on behalf of P’s estate. Lump sum on death: death after retirement of member with preserved pension 11Y 1 Paragraph (2) applies if— a a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies having retired; b where P retires on or after the amendment day, P is not, on retirement, an opted-out member; and c if P had not died P would, on reaching normal pension age for one or more relevant offices, have become entitled to a pension under regulation 11I. 2 On the day after that on which P dies, P’s personal representatives become entitled to a lump sum on behalf of P’s estate. 3 The amount of the lump sum is twice the notional annual rate of pension determined in accordance with regulation 11J as though P had reached normal pension age for each relevant office on the day P died. Lump sum on death: death soon after retirement of member entitled to pension 11Z 1 Paragraph (2) applies if— a a member (“ P ”), whose benefits are to be calculated under this Part in respect of one or more eligible fee-paid judicial offices (each a “relevant office”), dies having retired; b where P retires on or after the amendment day, P is not, on retirement, an opted-out member; c immediately before death, P was entitled to the payment of a pension under this Part in respect of the relevant offices; and d the total benefits received are less than the minimum benefits amount. 2 On the day after that on which P dies, P’s personal representatives become entitled on behalf of P’s estate to a lump sum equal to the difference between the total benefits received in respect of the relevant offices and the minimum benefits amount. 3 In this regulation “ the total benefits received ” means the amount determined in accordance with the following formula— A + B + C − D where— A is the interim amendments payments amount (if any) in relation to P in respect of the relevant offices B is the amount (if any) payable to P where no, or an insufficient interim amendments payments amount has been made in respect of the relevant offices C is the total of the sums paid or payable to P under this Part on account of the pension (including any increases under the Pensions (Increase) Act 1971 ), and by way of lump sum in respect of the relevant offices, in relation to the period after the amendment day D is the amount (if any) payable by P where an excess interim amendments payments amount has been made in respect of the relevant offices. 4 In this regulation— “ interim amendments payments amount ” has the same meaning as in Part 3 of the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023; “ the minimum benefits amount ” means the amount the relevant person would have been entitled to under regulation 11X if P had died without retiring. . Insertion of new regulation 11Z1 13 In Part 3, in the Part-heading preceding regulation 12, at the end insert “: Post-1995 Provisions” and before that regulation insert— Application and interpretation of Part 3 11Z1 1 This Part applies to the calculation of benefits for a member (“ P ”) in respect of one or more eligible fee-paid judicial offices where in accordance with regulation 11A, those benefits are to be calculated under the post-1995 provisions. 2 In this Part, each of the offices described in paragraph (1) is referred to as a “ relevant office ”. . Amendment of regulation 12 14 In regulation 12— a in paragraph (1)— i in the opening words, after “applies” insert “in respect of one or more relevant offices” , ii in sub-paragraph (a), for “a member (“ P ”)” substitute “P” , iii in sub-paragraph (b)(iii) for “an eligible fee-paid judicial” substitute “the relevant” ; b in paragraph (2), for “the pension start” substitute “a pension start” ; c for paragraph (3), substitute— 3 In this regulation “ pension start day ” means— a in respect of pension payable in respect of qualifying fee-paid service on or after 7 April 2000— i the day after that on which P retires, or ii if later, the commencement day; b in respect of pension payable in respect of qualifying fee-paid service before 7 April 2000— i the day after that on which P retires, or ii if later, the amendment day. . Amendment of regulation 13 15 In regulation 13— a in paragraph (1), for “a member (“ P ”)” substitute “P” ; b in paragraph (2), for “(“the relevant office”)” substitute “which is a relevant office” ; c in paragraph (5)— i in the opening words, after “rate” insert “for any relevant offices” , ii in sub-paragraph (a), for “eligible fee-paid judicial” substitute “relevant” ; d in paragraph (6)— i in sub-paragraph (a), omit “(“the relevant offices”)”, ii in sub-paragraph (b), for “relevant” substitute “eligible fee-paid judicial” ; e in paragraph (7)— i in the opening words, after “rate” insert “for any relevant offices” , ii in Step 1, after “simultaneously” insert “with another eligible fee-paid judicial office” , iii in Step 2, in the opening words, for “in relation to those relevant offices which P did not hold simultaneously with another relevant office” substitute “for any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office” ; f in paragraph (8)(a), for “an eligible fee-paid judicial” substitute “a relevant” . Amendment of regulation 14 16 In regulation 14— a in paragraph (1)(a), for “a member (“ P ”)” substitute “P” ; b in paragraph (2), at the end insert “in respect of any relevant offices” . Amendment of regulation 15 17 In regulation 15— a in paragraph (1)(a), for “a member (“ P ”)” substitute “P” ; b in paragraph (3)— i in sub-paragraph (a), after “pension” insert “in respect of any relevant offices” , ii in sub-paragraph (b), after “pension” insert “in respect of any relevant offices” . Amendment of regulation 16 18 In regulation 16— a in paragraph (1), for “a member (“ P ”)” substitute “P” ; b in paragraph (2), for “(“the relevant office”)” substitute “which is a relevant office” ; c in paragraph (3), for the formula, substitute— ( R 40 × S ) × ( A + ( B 365 × ( C − A ) ) ) d in paragraph (5)— i in the opening words, after “annual rate” insert “for any relevant offices” , ii in the definition of “AR” in sub-paragraph (a), for “eligible fee-paid judicial” substitute “relevant” ; e in paragraph (6)— i in sub-paragraph (a), omit “(“the relevant offices”)”, ii in sub-paragraph (b), for “relevant” substitute “eligible fee-paid judicial” ; f in paragraph (7)— i in the opening words, after “rate” insert “for any relevant offices” , ii in Step 1, in the opening words, after “simultaneously” insert “with another eligible fee-paid judicial office” , iii in Step 2, in the opening words, after “with another” insert “eligible fee-paid” ; g in paragraph (9)(a), for “an eligible fee-paid judicial” substitute “a relevant” . Amendment of regulation 17 19 In regulation 17— a in paragraph (1)— i in sub-paragraph (a), for “a member (“ P ”)” substitute “P” , ii in sub-paragraph (c)(i), at the end insert “for one or more relevant offices” ; b in paragraph (2), at the end insert “in respect of the relevant offices” . Amendment of regulation 18 20 In regulation 18— a in paragraph (1), for “a member (“ P ”)” substitute “P” ; b in paragraph (3)— i in the opening words, after “rate” insert “for any relevant office” , ii in sub-paragraph (a), in the definition of “R”— aa after “able to accrue” insert “in the relevant offices” , bb for “in eligible fee-paid judicial office” substitute “to hold those offices” , cc in paragraph (i), in the definition of “N”, after “accrued” insert “in the relevant offices” ; c in paragraph (4)— i in sub-paragraph (a), omit “(“the relevant offices”)”, ii in sub-paragraph (b) for “relevant” substitute “eligible fee-paid judicial” ; d for paragraph (5) substitute— 5 The annual rate for any relevant office is determined by taking the following steps— Step 1 Determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office, as if— that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and P held that office (and held no other judicial office) immediately before retirement. Step 2 Determine the annual rate under paragraph (3) of this regulation in relation to those relevant offices which P did not hold simultaneously with another fee-paid judicial office, and for these purposes, in paragraph (3)(b), S is— where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office, where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. Step 3 Add together the rate determined under Step 1 and each of the rates determined under Step 2. ; e in paragraph (6)(a), for “an eligible fee-paid judicial” substitute “a relevant” . Amendment of regulation 19 21 In regulation 19— a in paragraph (1)(a), for “a member (“ P ”)” substitute “P has accrued reckonable service in relation to one or more relevant offices and” ; b in paragraph (2), at the end insert “in respect of the relevant offices” . Amendment of regulation 21 22 In regulation 21— a in paragraph (1)(a), for “a member (“ P ”)” substitute “P has accrued reckonable service in relation to one or more relevant offices and” ; b in paragraph (2), at the end insert “in respect of the relevant offices” . Amendment of regulation 22 23 In regulation 22— a in paragraph (1), for “a member (“ P ”)” substitute “P” ; b in paragraph (4), in sub-paragraph (b), in the definition of “X”, for “eligible fee-paid judicial”, on both occasions, substitute “relevant” . Amendment of regulation 23 24 In regulation 23(1)— a in the opening words, for “a member (“ P ”)” substitute “P” ; b in sub-paragraph (a)(ii), after “commencement day” insert “or, as applicable, before the amendment day” . Amendment of regulation 25 25 In regulation 25(1), for “a member (“ P ”)” substitute “P” . Amendment of regulation 26 26 In regulation 26(1) for “a member (“ P ”)” substitute “P” . Amendment of regulation 28 27 In regulation 28(2), omit the “and” after sub-paragraph (a), and after sub-paragraph (b) insert— c Part 2A, and d Part 2B (apart from regulation 11O). . Amendment of regulation 35 28 1 In the heading to Part 6 preceding regulation 35, at the end insert “: Post-1995 Provisions” . 2 In the heading to regulation 35, at the end insert “and application of Part” . 3 In regulation 35— a the existing text is re-numbered as paragraph (1); b in the opening words of paragraph (1), as so re-numbered, for “these Regulations” substitute “this Part” ; c at the end insert— 2 This Part applies in respect of P where P is a person to whom Part 3 would have applied if P had retired on the day P died. . Amendment of regulation 45 29 In regulation 45— a for paragraph (1) substitute— 1 Paragraph (2) applies where a member (“ P ”), whose benefits are to be calculated under the post-1995 provisions in respect of one or more eligible fee-paid judicial offices (each “a relevant office”), dies (on or after the commencement day) without having retired. ; b for paragraph (2) substitute— 2 Unless a lump sum is payable on P’s death under— a the Judicial Pensions Act 1981; b section 4(3) of the Judicial Pensions and Retirement Act 1993; c a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; or d a scheme under section 1 of the Public Service Pensions Act 2013, on the day after that on which P dies, the relevant person is entitled to a lump sum. ; c in paragraph (4), for “(“the relevant office”)” substitute “which is a relevant office” ; d for paragraph (5) substitute— 5 The amount of the lump sum is to be determined in accordance with the following formula— S × 2 × RS JS where— S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death RS is the amount of reckonable service P had in the relevant office at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply JS is P’s qualifying judicial service expressed in years and any fraction of a year. ; e for paragraph (7) substitute— 7 The amount of the lump sum is to be determined in accordance with the following formula— S × 2 × ARS JS where— S is the appropriate annual salary of the judicial office held by P immediately before P’s death, determined as if P had retired on the date of P’s death ARS is the amount of reckonable service P had in all relevant offices at the time of death, calculated under regulation 5(1) as though regulation 5(2) did not apply JS is P’s qualifying judicial service expressed in years and any fraction of a year. . Amendment of regulation 47 30 In regulation 47— a in paragraph (3)— i for sub-paragraph (a) substitute— a A is the sum of the interim payments amount (if any), and any interim amendments payments amount (as that expression is defined in regulation 68 of the Amendment Regulations) in relation to P in respect of benefits corresponding to those under the post-1995 provisions; , ii in paragraph (b), after “regulation 50” insert “and regulation 69 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions” , iii in paragraph (d), after “regulation 51” insert “and regulation 70 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions” ; b at the end insert— 5 In this regulation, “ the Amendment Regulations ” means the Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2023. . Refund of excess contributions 31 After Part 7 insert— PART 7A Refund of Excess Contributions Application of Part 51A This Part applies where on 1st April 2023, a member (“ P ”)— a has or had a liability to pay contributions under Part 8 or 9; and b has made an excess contributions payment. Definitions 51B 1 In this Part— a “ contributions ” means any contribution paid under Part 8 or 9 of these Regulations, regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 , the Judicial Pensions (Contributions) Regulations 1995 , or the Judicial Pensions (Contributions) Regulations 2012 ; b “ excess contributions payment ” means the amount of contributions paid by P during an excess contributions period; c “ excess contributions period ” means any period during which P paid contributions after the aggregate length of P’s reckonable service and JUPRA service exceeded 20 years; d “ interim contributions refund ” means the total amount (if any) that was paid to any person under arrangements made for the purpose of refunding excess contributions payments before the amendment day. 2 For the purposes of the definition of “excess contributions period”— a reckonable service means the aggregate length of P’s reckonable service in eligible fee-paid judicial offices, including any eligible fee-paid offices in respect of which P has taken partial retirement, determined in accordance with regulation 5 but as if regulation 5(2) did not apply; b reckonable service includes added years of pension credit purchased under regulation 4.2(2) of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995; c any contributions made by P under regulation 4.6 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 are deemed to have been the most recent contributions made by P, regardless of when they were actually made (except for the purpose of calculating interest under regulation 51C(1)); and d reckonable service in any office which P held before 31st March 1995 which is specified in Tables 1 or 2 of Schedule 1 is multiplied by 20 and divided by 15. Additional payment of refund 51C 1 Paragraph (2) applies where the interim contributions refund in relation to P is less than the excess contributions payment plus compound interest at the rate announced annually in relation to the Principal Civil Service Pension Scheme. 2 The administrators must apply the difference between the two amounts mentioned in paragraph (1) as follows— a to discharge any liability P has under regulation 53(1) (liability to pay pre-commencement contributions); b to discharge any liability P has under regulation 53A(1) (liability to pay initial pre-commencement contributions); and c to pay any sum remaining thereafter to P. Recovery of excess refund 51D 1 Paragraph (2) applies where the interim contributions refund in relation to P is greater than the excess contributions payment. 2 The administrators may recover the difference between the two amounts mentioned in paragraph (1) from P, including by way of deduction from any retirement benefits to which P is entitled under these Regulations, including in such instalments from payments of retirement pension as the administrators may determine. . Amendment of regulation 52 32 In regulation 52— a in the definition of “fee period”, for “the Contributions Table” substitute “Table 1 of the Contributions Tables” ; b after the definition of “fee period” insert— “ the initial pre-commencement dependants’ contributions amount ” means the amount payable in accordance with this Part for the period before 7th April 2000; c for the definition of “the Contributions Table” substitute— “ the Contributions Tables ” means Tables 1 to 10 in Schedule 3. . Insertion of new regulation 53A 33 After regulation 53 insert— Liability to pay initial pre-commencement contributions amount 53A 1 P must pay to the appropriate Minister the initial pre-commencement contributions amount being the sum of— a the initial pre-commencement personal contributions amount in respect of service credit days (see regulation 54A); and b the initial pre-commencement dependants’ contributions amount (see regulation 55A). 2 Paragraph (1) is subject to paragraphs (3) and (4). 3 P is not required to pay the initial pre-commencement contributions amount if P had on retirement less than two years qualifying judicial service. 4 P is not required to pay the initial pre-commencement dependants’ contributions amount if P— a retired before 31st March 2023, b was not married or in a civil partnership at any time during the period— i beginning with the day on which P first held an eligible fee-paid judicial office and ii ending with the day on which P retired; and c did not have a qualifying child at any time during that period. . Amendment of regulation 54 34 In regulation 54, in Step 2, for “the Contributions Table” substitute “Table 1 of the Contributions Tables or in column 2 of a table referred to in that column, as the case may be” . Insertion of new regulation 54A 35 After regulation 54 insert— Calculation of initial pre-commencement personal contributions amount: service credit days 54A The initial pre-commencement personal contributions amount in respect of service credit days is determined as follows— Step 1 For the fee period from 1st April 2012 to 31st March 2013, determine the total of fees paid to P in respect of service credit days. Step 2 Multiply the total determined under Step 1 by the percentage specified in relation to that sum in column 2 of Table 9 of the Contributions Tables. Step 3 For the fee period from 1st April 2013 to 31st March 2014, determine the total of fees paid to P in respect of service credit days. Step 4 Multiply the total determined under Step 3 by the percentage specified in relation to that sum in column 2 of Table 10 of the Contributions Tables. Step 5 Add together the amounts determined under Steps 2 and 4. . Substitution of regulation 55 36 For regulation 55 substitute— Calculation of pre-commencement dependants’ contributions amounts 55 1 The pre-commencement dependants’ contribution amount for each eligible fee-paid judicial office held by P is determined under paragraph (2) or (3) as applicable. 2 For an office specified in Table 1 or 2 of Schedule 1— Step 1 For each fee period from 7th April 2000 to 31st March 2017, determine the total of fees paid to P in respect of qualifying fee-paid days. Step 2 Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 3 of Table 1 of the Contributions Tables or column 3 of a table referred to in that table. 3 For offices specified in Table 3 or 4 of Schedule 1— Step 1 For each fee period from 7th April 2000 to 31st March 2017 determine the total of fees paid to P in respect of qualifying fee-paid days. Step 2 Multiply the totals determined under Step 1 by the percentage specified in relation to the applicable fee period in column 4 of Table 1 of the Contributions Tables or column 4 of a table referred to in that table. Step 3 Determine the total of fees paid to P in respect of any service credit days. Step 4 Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8. Step 5 Add together the amounts determined under Steps 2 and 4. . Insertion of new regulation 55A 37 After regulation 55 insert— Calculation of initial pre-commencement dependants’ contributions amount 55A 1 The initial pre-commencement dependants’ contributions amount in relation to each eligible office held by P is determined under paragraph (2) or (3) as applicable. 2 For an office specified in Table 1 or Table 2 of Schedule 1— Step 1 Determine the total of fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000. Step 2 Multiply the total determined under Step 1 by the percentage specified in column 3 of the first row of Table 1 of the Contributions Tables. 3 For offices specified in Table 3 or Table 4 of Schedule 1— Step 1 Determine the total of any fees paid to P in respect of qualifying fee-paid days falling within the period before 7th April 2000. Step 2 Multiply the total determined under Step 1 by the percentage specified in column 4 of the first row of Table 1 of the Contributions Tables. Step 3 Determine the total of any fees paid to P in respect of any service credit days. Step 4 Multiply the total determined under Step 3 by the appropriate percentage specified in Table 8. Step 5 Add together the amounts determined under Steps 2 and 4. . Amendment of regulation 56 38 In regulation 56(1), for “regulations 54 and 55” substitute “regulations 54, 54A, 55 and 55A” . Omission of regulation 57 39 Omit regulation 57. Insertion of new regulation 58A 40 After regulation 58 insert— Payment of initial pre-commencement contributions 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 2022 . 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) , (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— PART 10A Commutation of small pensions Commutation of small pensions 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) 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) ; and Part 2 (commutation payments) of the Registered Pension Schemes (Authorised Payments) Regulations 2009 ; “ 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 2006 and 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— SCHEDULE 1 Judicial offices Regulations 3, 5 and 7 Table 1 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 Table 2 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 Table 3 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 Table 4 Judicial office Divisor Service limitation date Immigration Adjudicator 220 31st March 1995 First-tier Tribunal Judge (Social Entitlement Chamber) Asylum Support 220 31st March 2007 Asylum Support Adjudicator 220 31st March 2007 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 2nd November 2008 Non-legal Chair Criminal Injuries Compensation Appeals Panel 220 2nd November 2008 Member (Chair only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation 220 2nd November 2008 First-tier Tribunal Judge (Social Entitlement Chamber) Criminal Injuries Compensation 220 2nd November 2008 Temporary Assistant Judge Advocate General 220 Member (Chair only) First-tier Tribunal (Property Chamber) Residential Property 220 30th June 2013 Deputy Adjudicator HM Land Registry 220 1st January 2009 First-tier Tribunal Judge (Property Chamber) Land Registration 220 1st January 2009 First-tier Tribunal Judge (Property Chamber) Residential Property 220 30th June 2013 First-tier Tribunal Judge (Property Chamber) Agricultural Land and Drainage 220 30th June 2013 Re-employed former Summary Sheriff, or part-time Summary Sheriff acting as Summary Sheriff (Scotland) 215 Deputy Coroner (Northern Ireland) 218 3rd April 2006 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 31st March 1995 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 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 SCHEDULE 2 Accrual rates for pension calculations under Part 2B Regulations 11F, 11H and 11J Table 1 Accrual factors for offices included in Table 1 of Schedule 1 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 Table 2 Accrual factors for offices included in Table 2 of Schedule 1 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 Table 3 Accrual factors for offices included in Table 3 of Schedule 1 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 SCHEDULE 3 Contribution rates Regulation 52 Table 1 Contribution rates payable 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 1st April 2016 to 31st March 2017 See Table 3 1st April 2017 to 31st March 2018 See Table 4 1st April 2018 to 31st March 2020 See Table 5 1st April 2020 to 31st March 2021 See Table 6 1st April 2021 to 31st March 2022 See Table 7 Table 2 1st April 2015 to 31st March 2016 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 Table 3 1st April 2016 to 31st March 2017 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 Table 4 1st April 2017 to 31st March 2018 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 Table 5 1st April 2018 to 31st March 2020 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 Table 6 1st April 2020 to 31st March 2021 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 Table 7 1st April 2021 to 31st March 2022 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 Table 8 Service credit day contribution rate: dependants Service credit day multiplier applicable Contribution (%) 0.5 0.9 0.53 or 0.67 2.10 Table 9 Service credit day contributions rates: personal contributions 1st April 2012 to 31st March 2013 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 Table 10 Service credit day contributions rates: personal contributions 1st April 2013 to 31st March 2014 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 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. 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. 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