PUBLIC SERVICE PENSIONS Part 1 Introductory Citation, commencement and extent 1 1 These Regulations may be cited as the Judicial Pensions (Amendment) Regulations 2024 and come into force on the day after the day on which they are made. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Part 2 The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 Insertion of new Part into the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 2 After Part 3 (Benefits in respect of periods before amendment day) insert — 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 3 The Judicial Pensions Regulations 2022 Amendment of the Judicial Pensions Regulations 2022 3 The Judicial Pensions Regulations 2022 (“ the 2022 Regulations ”) are amended in accordance with this Part. Insertion of new regulation 7A 4 After regulation 7 (qualifying judicial office) insert— Qualifying judicial offices with retrospective entitlements 7A 1 Where an office, as specified in an order made under paragraph 2 of Schedule 1 to the Act, has a corresponding entitlement start date under paragraph (2), then: a that office is deemed to have been a qualifying judicial office from that entitlement start date for the purpose of these Regulations subject to paragraph 7; and b the holder of that office is entitled from the office’s entitlement start date to the date on which the office was specified in the order referred to in paragraph (1) (the “retrospective entitlement period”) to the pension and other benefits conferred by these Regulations subject to paragraph 7. 2 The following office has the following entitlement start date: Member (Chair Only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation, 1 April 2022. 3 The holder of an office to which paragraph (1) applies must pay to the scheme contributions in respect of service carried out during their retrospective entitlement period (“previous service contributions”) as calculated under paragraph (4). 4 The member’s previous service contributions are to be calculated as follows— Step 1 Find the member’s pensionable earnings as set out under regulation 16 for each scheme year. Step 2 Multiply the member contributions rate as calculated under regulation 105 by the pensionable earnings for each scheme year. Step 3 Add together the amounts calculated under Step 2. 5 Except to the extent that the previous service contributions have already been paid, where possible they must be paid: a by way of a lump sum at any time during the period of 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree); or b by way of deductions by the member’s employer from the member’s pensionable earnings for each pay period, as may be specified in an agreement between the member and the scheme manager. 6 Where it is not possible to pay the previous service contributions under paragraph (5), they must be paid by way of a deduction from— a pension payments under Part 6 of these Regulations in such instalments as the scheme manager considers appropriate; b the lump sum (if one is payable under regulations 60 or 61 of these Regulations) paid on retirement; c where a member dies before retiring, the lump sum payable under regulation 93 of these Regulations; or d if applicable, the transfer value payment under Chapter 2 of Part 10 of these Regulations. 7 The holder of an office to which paragraph (1) applies may opt out in relation to all or part of the retrospective entitlement period by sending a notice (an “opt-out notice”) to the scheme manager, in a form required by the scheme manager, within 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree). 8 Where the holder of an office sends an opt-out notice to the scheme manager under paragraph (7), that person is treated as always having been an opted-out member in relation to all or part of the retrospective entitlement period. . Amendment of regulation 62 5 In regulation 62 (commutation supplement)— a in paragraph (1)(b), for “61(3)” substitute “60(1)” ; and b in paragraph (2)(a), for “61(3)” substitute “60(1)” . Amendment of regulation 84 6 In regulation 84(6) (annual rate of surviving adult’s pensions payable on death of active member), in paragraph (b) of the definition of “Y”, at the end insert— “. Where this figure is 0, a value of 0.083 will be applied”. Insertion of new regulation 117A 7 After regulation 117 (appointment of scheme actuary and actuarial valuations) insert— Employer Cost Cap 117A 1 The employer cost cap for this scheme is 33.1% of pensionable earnings for members of this scheme. 2 If the cost of this scheme goes beyond the margin either side of the employer cost cap for this scheme specified in regulations under section 12(5)(a) (employer cost cap) of the Act , the Lord Chancellor must consult the scheme advisory board and such persons as appear likely to be affected by any steps that may be taken, with a view to reaching agreement with the relevant heads of jurisdiction on the steps required to achieve the target cost for this scheme. 3 If, following such consultation, agreement is not reached, the percentage of the member’s pensionable earnings specified in regulation 30(3) as the amount of earned pension for a scheme year must be adjusted for pensionable earnings after the date of adjustment, so that the target cost for this scheme is achieved. 4 In this regulation— a “ cost of this scheme ” means the cost of this scheme calculated following a valuation in accordance with regulation 117; b “ target cost for this scheme ” means the target cost for this scheme specified in regulations under section 12(5)(b) (employer cost cap) of the Act . . Part 4 The Judicial Pensions (Fee-Paid Judges) Regulations 2017 Amendment of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 8 The Judicial Pensions (Fee-Paid Judges) Regulations 2017 (“ the 2017 Regulations ”) are amended in accordance with this Part. Amendment of regulation 2 9 In regulation 2(1) (interpretation), in the definition of “service credit day multiplier”, after “the HM Land Registry,” insert— “0.00 where the relevant office is that of Judge of the Consumer Credit Appeal Tribunal or Judge of the Estate Agents Appeal Tribunal,”. Amendment of regulation 9 10 In regulation 9 (opted out members and active members), after paragraph (2A) insert— 2B If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member. . Amendment of regulation 11C 11 In regulation 11C(2)(b) (elections available to members)— a omit “, if P has retired or died before this regulation came into force,”; b for “12”, in the second place that it occurs, substitute “48” ; c after “the amendment day” insert— “, whichever is the later”. Amendment of regulation 55 12 In regulation 55 (calculation of pre-commencement dependants’ contributions amounts)— a in paragraph (1), after “under paragraph (2)” insert “, (2A)” ; b in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995” ; c after paragraph (2) insert— 2A For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that references to column 3 should be read as column 4. . Amendment of regulation 55A 13 In regulation 55A (calculation of initial pre-commencement dependants’ contributions amount)— a in paragraph (1), after “under paragraph (2)” insert “, (2A)” ; b in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995” ; c after paragraph (2) insert— 2A For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that the reference to column 3 should be read as column 4. . Amendment of regulation 58A 14 In regulation 58A (payment of initial pre-commencement contributions)— a in paragraph (1)(a), for “of 6 months beginning with 1st April 2023” substitute “ending with 1st April 2027, or by such later date as the administrators consider reasonable in all the circumstances” ; b in paragraph (5), for “Regulation 65 applies” substitute “Regulations 65, 66, 67 and 68 apply” and for “regulations 54A and 55A” substitute “regulation 55A” . Amendment of regulation 62 15 In regulation 62(3ZA) (amount of contribution)— a after “Schedule 1” insert “and that office was first held before 31st March 1995” ; b after “the relevant column is column 3”, insert “; if the fee was for an office specified in Table 1 or Table 2 of Schedule 1 and that office was first held on or after 31st March 1995, the relevant column is column 4” . Amendment of regulation 65 16 In regulation 65(5) (full repayment of dependants’ benefits contributions on retirement), omit “(or if later, since 7th April 2000)”. Amendment of regulation 66 17 In regulation 66(6) (partial repayment of dependants’ benefits contributions on retirement), omit “(or 7 April 2000 if later)”. Amendment of regulation 67 18 In regulation 67(5) (full repayment of dependants’ benefits contributions on partial retirement), omit “(or if later, since 7th April 2000)”. Amendment of regulation 69A 19 In regulation 69A(7) (commutation of small pensions), in paragraph (a) of the definition of “the commutation provisions”, for “Part 8” substitute “Chapter 2 of Part 2B or Part 6 of these Regulations” . Amendment of regulation 104 20 In regulation 104(2) (membership of the Fee-Paid Judicial Added Years Scheme (“ FPJAYS ”)), for “12” substitute “48” . Amendment of regulation 107 21 In regulation 107(3) (contributions by retired FPJAYS members), in paragraph (b) of the formula, at the end, insert “and, where regulation 4(4A) applies for the purposes of determining P’s qualifying fee-paid service, disapplying the multiplier of 1.25” . Amendment of regulation 117 22 In regulation 117(2) (membership of the Fee-Paid Judicial Added Surviving Adult’s Pension Scheme), for “12” substitute “48” . Amendment of regulation 128A 23 In regulation 128A(1) (interpretation of the Fee-Paid Judicial Added Benefits Scheme (“ FPJABS ”))— a omit the definition of “PRS”; b after the definition of “unretired FPJABS member” insert— “ WS ” has the meaning given in regulation 128B. . Consequential amendment of Parts 14A and 14B 24 For “PRS” substitute “WS” in the following regulations: a regulation 128F(2)(b)(i) and (ii); b regulation 128F(3)(a); c regulation 128F(5)(a); d regulation 128F(5)(c); e regulation 128K(1); f regulation 128L(2)(a); g regulation 128L(2)(b); h regulation 128L(3); i regulation 128L(4)(a)(i); j regulation 128L(4)(a)(ii); k regulation 128L(4)(b)(i); l regulation 128L(4)(b)(ii); and m regulation 128X(2). Amendment of regulation 128B 25 1 In the heading to regulation 128B (determination of PRS value for use in this Part), for “PRS value” substitute “WS and RS values” . 2 in regulation 128B— a for paragraph (1) substitute— 1 In this Part, WS means a value derived using the appropriate annual salary values for each eligible fee-paid office in which the member has reckonable service (in accordance with paragraphs (5), (7) or (9) as appropriate) for which entitlements are to be calculated under the pre-1995 provisions. ; b in paragraph (2), in the opening words, before “RS” insert “In this Part, ” ; c omit paragraphs (3) and (4); d in paragraph (11), for “the values of RS, WS and JS” substitute “WS” . Amendment of regulation 128C 26 In regulation 128C(2) (membership of FPJABS), for “2024” substitute “2027” . Amendment of regulation 128D 27 In regulation 128D(2) (assumed dates etc.), at the end, insert “and after the commencement of the member’s reckonable service for which benefits are to be calculated under the pre-1995 provisions” . Amendment of regulation 128E 28 In regulation 128E(2) (notice to purchase added units of benefit)— a in sub-paragraph (b), after “age;” insert “and” ; b omit sub-paragraph (c). Amendment of regulation 128I 29 In regulation 128I(1)(a) (limits on contributions by unretired FPJABS members), for the formula substitute— 15 × F I 100 - C . Amendment of regulation 128J 30 1 In the heading to regulation 128J (cost of added units of benefit for retired FPJABS members), for “Cost of” substitute “Contribution required for”. 2 In regulation 128J(1)— a for “cost of” substitute “contribution required for” ; and b in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4” . Amendment of regulation 128K 31 1 In the heading of regulation 128K (cost of added units of benefit for unretired FPJABS members), for “Cost of” substitute “Annual contribution rate for”. 2 In regulation 128K(1)— a for “cost of” substitute “annual contribution rate for” ; b in the definition of “A”, for “the first table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4” ; and c after the definition of “B”, for the words from “PRS is to be determined as if—” to the end, substitute “WS is to be determined as if references to the member’s retirement were instead references to the assumed contributions commencement date.” . Amendment of regulation 128N 32 In regulation 128N(2) (refund of contributions: family benefits), in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4” . Amendment of regulation 128R 33 In regulation 128R(2) (conversion of added years into added units of benefit)— a for the definition of “D” substitute— D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at: i retirement in respect of retired members; and ii the assumed retirement date under Part 13 in respect of unretired members; ; b after the definition of “D”, omit the words from “For the purpose of the definition of D” to “the appropriate annual salary of the office concerned”. Amendment of regulation 128S 34 In regulation 128S (variation of added units of benefit after conversion under regulation 128R)— a in paragraph (2)(b), for “2024” substitute “2027” ; b in paragraph (7)(b), for “2024” substitute “2027” . Amendment of regulation 128T 35 In regulation 128T (variation of added years purchase upon notice by member)— a in paragraph (2), for “2024” substitute “2027” ; b in paragraph (8), for “2024” substitute “2027” . Amendment of regulation 128V 36 In regulation 128V (variation of existing JASAPS purchase upon notice by member)— a in paragraph (2), for “2024” substitute “2027” ; b in paragraph (8), for “2024” substitute “2027” . Amendment to regulation 128X 37 In regulation 128X(2) (conversion of units of benefit into added years)— a for the definition of “D” substitute— D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at: i retirement in respect of retired members; and ii the assumed retirement date under Part 14A in respect of unretired members. ; b after the definition of “D”, omit the words from “For the purpose of the definition of D” to “a reference to the post-1995 provisions”. Amendment of Schedule 1 (Judicial Offices) 38 1 Table 4 of Schedule 1 is amended as follows. 2 After the entry for “President of Welsh Tribunals” insert— Legal Chair Agricultural Land Tribunal Wales 220 30th June 2013 Deputy Legal Chair Agricultural Land Tribunal Wales 220 30th June 2013 ; 3 After the entry for “First-tier Tribunal Judge (Property Chamber) Agricultural Land and Drainage” insert— First-tier Tribunal Judge (Health, Education and Social Care Chamber) Primary Health Lists 220 18th January 2010 ; 4 After the entry for “Legal Member Transport Tribunal” insert— Judge of the Consumer Credit Appeal Tribunal 220 1st September 2009 Judge of the Estate Agents Appeal Tribunal 220 1st September 2009 . Insertion of new Schedules 39 After Schedule 3, insert Schedules 4 (personal benefits and family benefits percentage figures) and 5 (service credit figures), as set out in Schedules 1 and 2 respectively to these Regulations. Part 5 The Judicial Pensions Regulations 2015 Insertion of new regulation into the Judicial Pensions Regulations 2015 40 After regulation 13 (qualifying judicial office) insert— Qualifying judicial offices with retrospective entitlements 13A 1 Where an office, as specified in an order made under paragraph 2 of Schedule 1 to the Act, has a corresponding entitlement start date under paragraph (2), then: a that office is deemed to have been a qualifying judicial office from that entitlement start date for the purpose of these Regulations subject to paragraph 7; and b the holder of that office is entitled from the office’s entitlement start date to the date on which the office was specified in the order referred to in paragraph (1) (the “retrospective entitlement period”) to the pension and other benefits conferred by these Regulations subject to paragraph 7. 2 The following office has the following entitlement start date: Member (Chair Only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation, 1 April 2015. 3 The holder of an office to which paragraph (1) applies must pay to the scheme contributions in respect of service carried out during their retrospective entitlement period (“previous service contributions”) as calculated under paragraph (4). 4 The member’s previous service contributions are to be calculated as follows— Step 1 Find the member’s annualised rate of pensionable earnings as calculated under regulation 124 for each scheme year. Step 2 Multiply the member contributions rate by the annualised rate of pensionable earnings for each scheme year. Step 3 Add together the amounts calculated under Step 2. 5 Except to the extent that the previous service contributions have already been paid, where possible they must be paid: a by way of a lump sum at any time during the period of 6 months beginning with the date on which the office is specified in the order under paragraph (1) (or by such later date as the scheme manager may agree); or b by way of deductions by the member’s employer from the member’s pensionable earnings for each pay period, as may be specified in an agreement between the member and the scheme manager. 6 Where it is not possible to pay the previous service contributions under paragraph (5), they must be paid by way of a deduction from— a pension payments under Part 6 of these Regulations in such instalments as the scheme manager considers appropriate; b the lump sum (if one is payable under regulation 76 or 77 of these Regulations) paid on retirement; c where a member dies before retiring, the lump sum payable under regulation 111 of these Regulations; or d if applicable, the transfer value payment under Chapter 2 of Part 10 of these Regulations. 7 The holder of an office to which paragraph (1) applies may opt out in relation to all or part of the retrospective entitlement period by sending a notice (an “opt-out notice”) to the scheme manager, in a form required by the scheme manager, within 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree). 8 Where the holder of an office sends an opt-out notice to the scheme manager under paragraph (7), that person is treated as always having been an opted-out member in relation to all or part of the retrospective entitlement period. . Part 6 The Public Service Pensions Act 2013 (Judicial Offices) Order 2015 Amendment of the Public Service Pensions Act 2013 (Judicial Offices) Order 2015 41 In the Schedule (specified judicial offices) to the Public Service Pensions Act 2013 (Judicial Offices) Order 2015, after the entry for “Chairman of the Criminal Injuries Compensation Board” insert— Member (Chair Only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation . We consent to the making of these Regulations Vicky Foxcroft Anna Turley Two of the Lords Commissioners of His Majesty's Treasury HM Treasury 11th December 2024 Shabana Mahmood Lord Chancellor Ministry of Justice 16th December 2024 Ian Murray Secretary of State for Scotland Scotland Office 16th December 2024