uksi/2015/182 — The Judicial Pensions Regulations 2015

2015 No. 182 Public Service Pensions The Judicial Pensions Regulations 2015 Made 9th February 2015 Coming into force in accordance with regulation 1(2) to (4) The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(b) , 2(1), 3(1), (2), (3)(a), (3)(c) and (4), 4(3) and (6) (as read with section 4(1)), 5(2)(c) (as read with section 5(1)), 5(3), 8(1)(a) , 12(6) and (7) and 18(5), (6) and (7) of, paragraph 2 of Schedule 2, Schedule 3 and paragraphs 1(2)(ii), 2(2)(ii) and 5(1) of Schedule 7 to, the Public Service Pensions Act 2013 . In accordance with section 21 of and paragraph 2(2) to Schedule 2 of that Act , the Lord Chancellor has consulted the Secretary of State and representatives of such persons as appear to him likely to be affected by these Regulations. In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury. The Lord Chancellor has had regard to the matters referred to in section 5(3) of the Public Service Pensions Act 2013. A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 24(1)(c) of the Public Service Pensions Act 2013. PART 1 Preliminary Citation and commencement 1 1 These Regulations may be cited as the Judicial Pensions Regulations 2015. 2 Part 1, Part 3, regulations 20, 128 and 166, Schedule 1 and Schedule 2 come into force on the day after the day on which they are made. 3 Paragraph 8 of Schedule 3 comes into force on the same day as paragraph 38 of Schedule 13 to the Pensions Act 2014 comes into force, and on that day paragraph 7 of Schedule 3 ceases to have effect. 4 The remaining provisions come into force on 1st April 2015. Interpretation 2 In these Regulations— “ 2023 Regulations ” means the Judicial Pensions (Remediable Service etc.) Regulations 2023; “Act” means the Public Service Pensions Act 2013; “ FA 2004 ” means the Finance Act 2004 ; “ PIA 1971 ” means the Pensions (Increase) Act 1971 ; “ PSA 1993 ” means the Pension Schemes Act 1993 ; “ PA 1995 ” means the Pensions Act 1995 ; “ PSPJOA 2022 ” means the Public Service Pensions and Judicial Offices Act 2022; “ WRPA 1999 ” means the Welfare Reform and Pensions Act 1999 ; “accrued added pension” means— accrued added (self only) pension (if any); and accrued added (all beneficiaries) pension (if any); “accrued earned pension” means— in relation to this scheme— accrued standard earned pension (if any); and accrued earned pension attributable to an effective pension age option (if any); in relation to another pension scheme, accrued rights to benefits under that scheme which are the equivalent of accrued earned pension under this scheme; “accrued pension” means— accrued earned pension; and accrued added pension (if any); “accrued rights”, in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit; “accrued standard earned pension”— for the purpose of calculating the amount of a description of full retirement pension or the provisional amount of any description of deferred pension, has the meaning given in regulation 32(2); for the purpose of calculating the amount of a description of partial retirement pension, has the meaning given in regulation 33(2); ”active member”, in relation to this scheme, means a person who is in pensionable service under this scheme; “active member’s account” has the meaning given in regulation 37(2); “actuarial guidance” means guidance given by the scheme manager after consultation with the scheme actuary; “actuarial reduction” in relation to reduction of pension payable to a member who has not reached normal pension age, means a reduction determined by the scheme manager after consultation with the scheme actuary or taking into account tables prepared by the scheme actuary; “actuarial tables” means tables prepared by the scheme manager after consultation with the scheme actuary; “added pension” means— added (self only) pension under paragraph 18 of Schedule 1 (if any); and added (all beneficiaries) pension under paragraph 19 of Schedule 1 (if any); “added pension payments” means periodical payments or a lump sum payment for added pension made to this scheme; “additional paternity leave” has the meaning given in regulation 2(1) (interpretation) of the Additional Paternity Leave Regulations 2010 ; “adoption leave” has the meaning given in regulation 2(1) (interpretation) of the Paternity and Adoption Leave Regulations 2002 ; “age addition” has the meaning given in regulation 30(4); “allocation amount” means the amount of pension allocated as a result of making an allocation election; “allocation election” means an election under regulation 78(2); “amount of added pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 39(5); “ amount of credited pension ” means the sum of the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 (pension credits: mode of discharge) to WRPA 1999 and any remediable pension credit or remediable pension reduction, where— “remediable pension credit”, in the circumstances mentioned in— regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(6) of those Regulations; regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(4) of those Regulations; regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations; “ remediable pension reduction ” has the meaning given in regulation 56(12) of the 2023 Regulations; “amount of earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 39(3); “annual allowance” has the meaning given in section 228 (annual allowance) of FA 2004 ; “annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004 ; “annual rate”— for each description of pension, has the meaning given in Part 5 (retirement benefits); and in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year; “appropriate Minister” means— in relation to any qualifying judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State; or subject to paragraph (a) above, the Lord Chancellor; “assumed age addition” has the meaning given in regulation 31(3); “assumed pay” has the meaning given in regulation 24(2); “the beginning date”, in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) (meaning of “pension” and other supplementary provisions) of PIA 1971 ; “beneficiary”, in relation to a deceased member, means the surviving adult or eligible child of the member; “closing date” in relation to a transition member, has the meaning given in paragraph 1 of Schedule 2; “the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the commutation option; “commutation option” means the option to exchange part of a pension for a lump sum— exercisable under regulation 76 in relation to a retirement pension; or exercisable under regulation 89 in relation to a pension credit member’s pension; “connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) (scheme manager) of the Act, with this scheme; “continuity of service”, in relation to a transition member, has the meaning given in paragraph 2 of Schedule 2; “continuous period of pensionable service”, in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in pensionable service not exceeding 5 years, unless otherwise provided; “continuous period of service”, in relation to qualifying judicial office, means a period of service in that office disregarding any gap in service not exceeding 5 years; “death benefits” means benefits payable under Part 8; “deferred member” has the meaning given in regulation 25; “deferred member’s account” has the meaning given in regulation 43(3); “description of accrued added pension” means either of the following— accrued added (self only) pension; or accrued added (all beneficiaries) pension; “description of accrued pension” means accrued pension of a description mentioned in Chapter 1 of Part 5; “description of added pension” means either of the following— added (self only) pension; and added (all beneficiaries) pension; “description of deferred pension” means any of the following— deferred standard earned pension; deferred earned pension attributable to an effective pension age option; deferred added (all beneficiaries) pension; deferred added (self only) pension; “description of full retirement pension” means a full retirement pension of a description mentioned in Chapter 1 of Part 5; “description of partial retirement pension” means a partial retirement pension of a description mentioned in Chapter 1 of Part 5; “description of pension” means any of the following— standard earned pension; transferred pension; earned pension attributable to an effective pension age option; added (all beneficiaries) pension; added (self only) pension; “dual capacity member” has the meaning given in regulation 146; “early payment reduction” means the actuarial reduction that is applied when calculating the annual rate of pension payable to a member of this scheme who has not reached normal pension age under this scheme or, if applicable, effective pension age; “effective pension age”, in relation to a member who has exercised an effective pension age option, means the age at which the member is entitled to payment, without actuarial reduction, of a full retirement earned pension or partial retirement earned pension attributable to that option; “effective pension age payments” means periodical payments for an effective pension age made to this scheme; “effective pension age option” means the option to make effective pension age payments; “eligible child” has the meaning given in regulation 103; “eligible child’s pension” has the meaning given in regulation 102; “employer” means the person responsible for the remuneration of a qualifying judicial officeholder; “the Fee-Paid Judges Scheme” means the scheme established by Parts 1 to 11 of the FPJR 2017; “fee-paid office” means an office where service is remunerated by payment of fees, as opposed to the payment of salary; “FPJR 2017” means the Judicial Pensions (Fee-Paid Judges) Regulations 2017; “full retirement account” has the meaning given in regulation 47(4); “full retirement added pension” means— full retirement added (self only) pension (if any); and full retirement added (all beneficiaries) pension (if any); “full retirement earned pension” means— full retirement standard earned pension (if any); and full retirement earned pension attributable to an effective pension age option (if any); “full retirement pension” means— full retirement earned pension; and full retirement added pension (if any); “guaranteed minimum” includes the guaranteed minimum as defined in sections 14 (earner’s guaranteed minimum) and 17 (minimum pensions for earners, widows and widowers) of PSA 1993— as increased in accordance with the requirements of section 109 (annual increase of minimum pensions) of that Act; and if a reduction has been made under section 15A (reduction of guaranteed minimum in consequence of pension debit) of that Act, as reduced in accordance with that section; “head of jurisdiction” means— in England and Wales, the Lord Chief Justice of England and Wales, in Scotland, the Lord President of the Court of Session, and in Northern Ireland, the Lord Chief Justice of Northern Ireland; “ill-health pension” has the meaning given by regulation 68; “index adjustment” means, in relation to the opening balance of a description of pension for any scheme year, the change in prices in the previous scheme year ; “in-service revaluation index”, in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme; “last active scheme year” means the scheme year in which an active member of this scheme ceases to be in pensionable service under this scheme; “last day of pensionable service” means the last day of a continuous period of pensionable service under this scheme; “late payment supplement”, in relation to the provisional amount of any description of deferred pension, means an additional amount of pension determined by the scheme manager after consulting the scheme actuary to be appropriate if a deferred member of this scheme is over normal pension age or, if applicable, effective pension age, under this scheme before becoming entitled to the immediate payment of a full retirement pension; “the leaving year” means the scheme year in which the relevant last day falls; “lump sum death benefit” means a lump sum paid under Part 8 on the death of a member; “maternity leave” includes ordinary maternity leave or additional maternity leave as defined in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations 1999 ; “medical certificate” is a certificate prepared by a registered medical practitioner at the request of the scheme manager; “member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member of this scheme; “member contributions” has the meaning given in Part 9; “normal minimum pension age” has the same meaning as in section 279(1) (other definitions) of FA 2004 ; “normal pension age”, in relation to this scheme, is determined in accordance with section 10 of the Act; “occupational pension scheme” has the meaning given in section 1 (categories of pension schemes) of PSA 1993; “opening balance”, in relation to a description of pension for a scheme year, has the meaning given in regulation 40(3); “option proportion”, in relation to a description of accrued pension, means the proportion specified in a notice under regulation 62; “ordinary maternity leave” has the meaning given in regulation 2(1) (interpretation) of the Maternity and Parental Leave etc. Regulations 1999; “parental leave” means leave under regulation 13(1) (entitlement to parental leave) of the Maternity and Parental Leave etc. Regulations 1999; “partial retirement account” has the meaning given in regulation 50(2); “partial retirement added pension” means— partial retirement added (self only) pension (if any); and partial retirement added (all beneficiaries) pension (if any); “partial retirement earned pension” means— partial retirement standard earned pension (if any); and partial retirement earned pension attributable to an effective pension age option (if any); “partial retirement option” means the option exercisable under regulation 60(2); “partial retirement pension” means— partial retirement earned pension; and partial retirement added pension (if any); “partially retired”, in relation to a member of this scheme, means a member who has exercised the partial retirement option; “partnership pension account”, in relation to a person in service in a qualifying judicial office, means a stakeholder pension scheme or personal pension scheme to which the person’s employer is paying contributions; “paternity leave” includes leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ; “pay period” means the period in respect of which a payment of pensionable earnings is made; “pension credit” has the meaning given in section 124(1) (interpretation of Part 1) of PA 1995 ; “pension credit member”, in relation to this scheme, means a person who has rights under this scheme which are attributable (directly or indirectly) to a pension credit under a pension sharing order following divorce or nullity of marriage; “pension credit member’s account” has the meaning given in regulation 52; “pension credit member’s pension” means a pension payable under regulation 83; “pension debit” means a debit under section 29(1)(a) (creation of pension credits and debits) of WRPA 1999; “pension debit member”, in relation to this scheme, means a person who is a member of this scheme whose benefits or future benefits under this scheme have been reduced under section 31 (reduction under pension sharing order following divorce or nullity of marriage) of WRPA 1999; “pensionable earnings” has the meaning given in regulation 23; “pensionable public service” means pensionable service under an existing scheme; “pensioner member”, in relation to this scheme, means a person who is entitled to the immediate payment of a retirement pension under this scheme; “pension sharing order” means any provision or order specified in section 28 (activation of pension sharing) of WRPA 1999 ; “period of assumed pay” has the meaning given in regulation 24(1); “personal pension scheme” means a personal pension scheme as defined in section 1 (categories of pension schemes) of PSA 1993 that is a registered pension scheme; “prospective normal pension age”, in relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager, by reference to Treasury directions made under section 11(2) (valuations) of the Act, determines would apply in relation to those benefits; “provisional amount”, in relation to any description of deferred pension, has the meaning given in regulation 44(2); “qualifying judicial office” has the meaning given in regulation 13; “qualifying judicial service” has the meaning given in regulation 6 of the FPJR 2017; “qualifying service” has the meaning given in regulation 55; “registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 (registration of pension schemes) of FA 2004; “ relevant fee-paid judge ” has the meaning given in section 103 of PSPJOA 2022; “the relevant last day”, in relation to a continuous period of pensionable service, means— for a partially retired member, the day before the day on which the partial retirement option was exercised, and otherwise, the member’s last day of pensionable service; “relevant scheme” means— an existing scheme; the Fee-Paid Judges Scheme; “ relevant service ” has the meaning given in regulation 29(2) of the 2023 Regulations; “retirement index adjustment”, in relation to an amount of accrued pension, has the meaning given in regulation 29; “retirement benefits” means benefits payable under Part 6; “retirement pension” means any of the following— a full retirement pension; a partial retirement pension; an ill-health pension; “this scheme” means the scheme established by these Regulations; “scheme actuary” means the actuary appointed by the Lord Chancellor under regulation 144; “scheme closing date” means 31st March 2015; “scheme manager” has the meaning given in regulation 4; “scheme year” means a period of one year beginning with 1st April and ending with 31st March; “stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 (stakeholder pension schemes) of WRPA 1999 (see section 1 of that Act); “standard earned pension” means pension which is earned under this scheme and which is payable without actuarial reduction at normal pension age; “statutory pay” means— statutory adoption pay within the meaning of section 171ZL(1) (entitlement) of the Social Security Contributions and Benefits Act 1992 ; statutory maternity pay within the meaning of section 164(1) (statutory maternity pay - entitlement and liability to pay) of the Social Security Contributions and Benefits Act 1992; ordinary statutory paternity pay within the meaning of section 171ZA(1) (entitlement: birth) or 171ZB(1) (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992 ; or additional statutory paternity pay within the meaning of section 171EA(1) (entitlement to additional statutory paternity pay: birth) and 171EB(1) (entitlement to additional statutory paternity pay: adoption) of the Social Security Contributions and Benefits Act 1992 : “surviving adult”, in relation to a deceased member of this scheme, has the meaning given in regulation 91; “surviving adult’s pension” has the meaning given in regulation 93; “surviving civil partner” has the meaning given in regulation 91; “surviving nominated partner” has the meaning given in regulation 92; “surviving spouse” has the meaning given in regulation 91; “tax year” means a period of one year which is the period of assessment for income tax purposes; “total allocation amount”, in relation to an amount of retirement pension, means the total amount of that pension allocated under Chapter 6 of Part 6; “transfer value” has the meaning given in regulation 132; “transfer value payment” means payment of a transfer value; “transferred pension” means pension attributable to receipt of a transfer value payment; “transition member” has the meaning given in paragraph 1 of Schedule 2; “weekly rate”, in relation to a guaranteed minimum pension, has the same meaning as in regulation 55(1) (scheme rules about guaranteed minimum pensions) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ; “whole of the member’s accrued pensions” means— all the member’s accrued earned pension; and all the member’s accrued added pension (if any). PART 2 Establishment of the scheme Establishment and scope 3 1 A career average revalued earnings scheme is established as a defined benefits scheme for the payment of pensions and other benefits to or in respect of— a the judiciary, and b persons to whom this scheme may potentially relate by virtue of paragraph (2) and in respect of whom the Lord Chancellor makes a determination under section 25(5) of the Act. 1A Where such a determination is made, these Regulations apply to those persons to which paragraph (1)(b) applies, subject to paragraph (1B). 1B The Lord Chancellor may by direction modify the provisions of these Regulations in their application to those persons to which paragraph (1)(b) applies, for a purpose specified in section 25(8) of the Act. 2 A person appointed to one or more of the following offices is specified as a person to whom this scheme may potentially relate— a part-time sheriff (Scotland); b part-time stipendiary magistrate (Scotland); c part-time summary sheriff (Scotland); d temporary judge (Scotland); e Chair of the Agricultural Land Tribunal for Wales holding office on or after 1st April 2015 and before 1st April 2021; f Chair of the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal holding office on or after 1st April 2015 and before 1st April 2021; g Chair of the Reinstatement Committee holding office on or after 1st April 2015 and before 1st April 2021; h Deputy Chair of the Agricultural Land Tribunal for Wales holding office on or after 1st April 2015 and before 1st April 2021; i Legal member of the Adjudication Panel for Wales holding office on or after 1st April 2015 and before 1st April 2021; j Legal member of the Rent Assessment Committee Wales holding office on or after 1st April 2015 and before 1st April 2021; k Legal member of the Welsh Language Tribunal holding office on or after 1st April 2015 and before 1st April 2021; l Other member of the First-tier Tribunal, where the office is held by a person who sits as a Chairman in the Property Chamber (Residential Property) holding office on or after 1st April 2015 and before 1st April 2021; m Other member of the Upper Tribunal, where the office is held by a person who sits as a Chairman in the Lands Chamber and is a Member or Fellow of the Royal Institution of Chartered Surveyors holding office on or after 1st April 2025 and before 1st April 2021; n President of the Adjudication Panel for Wales holding office on or after 1st April 2015 and before 1st April 2021; o President of the Rent Assessment Committees Wales holding office on or after 1st April 2015 and before 1st April 2021; p President of the Welsh Language Tribunal holding office on or after 1st April 2015 and before 1st April 2021; q President of the Welsh Tribunals holding office on or after 1st April 2015 and before 1st April 2021; r Senior Chair of the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal holding office on or after 1st April 2015 and before 1st April 2021. PART 3 Governance Scheme manager 4 1 The Lord Chancellor is the scheme manager for this scheme and any statutory pension scheme that is connected with it. 2 The scheme manager is responsible for managing and administering this scheme and any statutory pension scheme that is connected with it. 3 A statutory pension scheme that is a defined contributions scheme is not connected with this scheme. 4 Before exercising any discretion under these Regulations, the scheme manager must obtain a recommendation from the Judicial Pension Board. 5 If the scheme manager exercises any discretion under these Regulations contrary to a recommendation made by the Judicial Pension Board, he must provide written reasons for doing so to the Judicial Pension Board and to the member to whom the discretion relates (if any). 6 The scheme manager and the Judicial Pension Board may agree that paragraphs (4) and (5) do not apply to specific discretions or in specific circumstances. Delegation 5 1 The Lord Chancellor may delegate any functions under these Regulations, including this power. 2 The scheme manager may delegate any functions under these Regulations, including this power. 3 The Judicial Pension Board may delegate any functions under these Regulations. Judicial Pension Board: establishment 6 1 A pension board (“the Judicial Pension Board”) is established. 2 The Judicial Pension Board is responsible for assisting the scheme manager— a to secure compliance with— i these Regulations; ii any other legislation relating to the governance and administration of this scheme and of any statutory pension scheme that is connected with it; and iii any requirements imposed by the Pensions Regulator in relation to this scheme or any statutory pension scheme that is connected with it; and b in the performance of the scheme manager’s functions under these Regulations. 3 The Judicial Pension Board may determine its own procedures. Judicial Pension Board: membership 7 1 The Judicial Pension Board is to consist of a chair appointed by the scheme manager and at least 6 and no more than 16 persons appointed by the chair, who are to be entitled to vote in its proceedings (“voting members”). 2 Equal numbers of employer representatives and member representatives must be appointed under paragraph (1), including a departmental finance director who is to be treated as an employer representative. 3 The chair cannot be an employer representative or a member representative. 4 The appointment of member representatives must be approved by all the heads of jurisdiction. 5 The appointment of employer representatives must be approved by the scheme manager. 6 The chair may, with the approval of the scheme manager, appoint up to 4 members of the Judicial Pension Board who are not to be entitled to vote in its proceedings (“non-voting members”). 7 A non-voting member cannot be an employer representative or a member representative. 8 A member of the Judicial Pension Board is to hold and vacate office in accordance with the terms of that member’s appointment. 9 In this regulation, “departmental finance director” means— a an accounting officer appointed by the Treasury under section 5 (resource accounts: preparation) of the Government Resources and Accounts Act 2000 ; or b a civil servant who has responsibility for the financial management of a government department. Judicial Pension Board: conflicts of interest 8 1 Before appointing, or approving the appointment of, any person under regulation 7, the scheme manager must be satisfied that that person does not have a conflict of interest. 2 The scheme manager must be satisfied from time to time that none of the members of the Judicial Pension Board has a conflict of interest. 3 If the scheme manager determines that a member of the Judicial Pension Board has a conflict of interest, the scheme manager must terminate the appointment of the member. 4 A member of the Judicial Pension Board, or a person proposed to be appointed as such a member, must provide the scheme manager with any information the scheme manager may reasonably require for the purpose of paragraph (1) or (2). Scheme advisory board: establishment 9 1 A scheme advisory board is established. 2 The scheme advisory board is responsible for providing advice to the Lord Chancellor, at the Lord Chancellor’s request, on the desirability of making changes to this scheme and the scheme established by the Judicial Pensions Regulations 2022 . 3 The scheme advisory board may determine its own procedures, subject to the approval of the Lord Chancellor. Scheme advisory board: membership 10 1 The scheme advisory board is to consist of a chair appointed by the Lord Chancellor and at least 2 and no more than 16 persons appointed by the chair. 2 Equal numbers of employer representatives and member representatives must be appointed under paragraph (1). 3 The chair cannot be an employer representative or a member representative. 4 The appointment of member representatives must be approved by all the heads of jurisdiction. 5 The appointment of employer representatives must be approved by the scheme manager. 6 A member of the scheme advisory board is to hold and vacate office in accordance with the terms of that member’s appointment. Scheme advisory board: conflicts of interest 11 1 Before appointing, or approving the appointment of, any person under regulation 10, the Lord Chancellor must be satisfied that that person does not have a conflict of interest. 2 The Lord Chancellor must be satisfied from time to time that none of the members of the scheme advisory board has a conflict of interest. 3 If the Lord Chancellor determines that a member of the scheme advisory board has a conflict of interest, the Lord Chancellor must terminate the appointment of the member. 4 A member of the scheme advisory board, or a person proposed to be appointed as such a member, must provide the Lord Chancellor with any information the Lord Chancellor may reasonably require for the purpose of paragraph (1) or (2). Payment of fees and expenses 12 The Lord Chancellor may— a pay fees to or in respect of members of the Judicial Pension Board and the scheme advisory board of such amounts as the Lord Chancellor may determine; and b reimburse members of the Judicial Pension Board and the scheme advisory board in respect of any reasonable expenses incurred by them in the performance of their duties in relation to this scheme. PART 4 Scheme membership CHAPTER 1 Eligibility for active membership Qualifying judicial office 13 For the purpose of these Regulations, a person who is appointed to an office specified in an order made under paragraph 2 of Schedule 1 (judiciary) to the Act is in qualifying judicial office. 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. Eligible persons 14 1 For the purposes of this Part, an eligible person is a person who is eligible to be an active member of this scheme. 2 A person who begins service in a qualifying judicial office (P) becomes an eligible person in relation to that service unless paragraph (3) or (4) applies and subject to paragraphs (5) and (6). 3 This paragraph applies if the terms of P’s office exclude them from being an active member of this scheme. 4 This paragraph applies if, in relation to service in that office— a P is a protected member of an existing scheme; b P has a partnership pension account; or c P is a member of any other pension scheme and P’s employer pays contributions to that scheme in respect of P. 5 P is not eligible to be a member of this scheme if— a P is in a fee-paid office; b P was in a fee-paid office on 31st March 2012; c P was aged 55 years or over on 1st April 2012; and d P does not exercise the option to begin pensionable service under this scheme on 1st April 2015 in the form and by the date determined by the scheme manager. 6 P is not eligible to be a member of this scheme until a date during the period beginning with 31st May 2015 and ending with 31st January 2022 as determined by the scheme manager by reference to a table published for the purposes of paragraph 3 of Schedule 2 if— a P is in a fee-paid office; b P was in a fee-paid office on 31st March 2012; c P was aged between 51 years and 6 months and 55 years on 1st April 2012; and d P does not exercise the option to begin pensionable service under this scheme on 1st April 2015 in the form and by the date determined by the scheme manager. Service in 2 or more qualifying judicial offices 15 If a person is in service in 2 or more qualifying judicial offices, regulation 14 applies separately in relation to each office. CHAPTER 2 Pensionable service Application of Chapter 16 1 This Chapter applies in relation to a continuous period of service in a qualifying judicial office. 2 If a person is in service in 2 or more qualifying judicial offices, this Chapter applies separately in relation to each of the offices. Enrolment 17 1 A person (P) begins pensionable service under this scheme in relation to a qualifying judicial office on the first day on which P becomes an eligible person in relation to service in that office unless— a regulation 21 applies; or b P is a transition member with continuity of service and paragraph (2) applies. 2 This paragraph applies if— a the first day on which P becomes an eligible person in relation to service in a qualifying judicial office is the day after P’s closing date; and b on P’s closing date— i P was in service in the same office; and ii P has opted out of a relevant scheme in relation to that service. Opting into this scheme 18 1 A person who, in relation to a qualifying judicial office, is an eligible person but is not in pensionable service under this scheme may opt to become an active member of this scheme in relation to service in that office. 2 A person who has a partnership pension account in relation to service in a qualifying judicial office may opt into this scheme in relation to service in that office (see regulation 19 for when opt-in takes effect). 3 The option under this regulation may only be exercised by notice to the scheme manager in a form required by the scheme manager (“opt-in notice”). 4 A person who exercises the option under this regulation in relation to service in a qualifying judicial office is taken to exercise that option on the date on which the opt-in notice is received by the scheme manager. 5 If P opts out of this scheme within 12 months after opting in, P may not opt in again until after the end of that period of 12 months. When does an option in take effect 19 1 If P opts into this scheme in relation to service in a qualifying judicial office for which P has a partnership pension account— a P becomes an active member of this scheme in relation to that service on the first date that is 1st April or 1st October— i after the period of 3 months beginning with the date on which the option is exercised; or ii after any shorter period the scheme manager considers appropriate; and b immediately before that date, P’s partnership pension account is closed. 2 If P opts into this scheme in relation to service for which P does not have a partnership pension account, P becomes an active member of this scheme in relation to that service— a at the beginning of the first pay period beginning on or after the date on which the option is exercised; or b if the scheme manager considers that pay period inappropriate, at any other time the scheme manager considers appropriate. Opting out of this scheme 20 1 A person (P) opts out of this scheme in relation to service in a qualifying judicial office if— a P opts not to be an active member of this scheme in relation to that service; or b P opens a partnership pension account in relation to that service. 2 P may only exercise the option under paragraph (1)(a) by notice to the scheme manager in a form required by the scheme manager (“opt-out notice”). 3 The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager. Opting out before the end of one month 21 1 This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in a qualifying judicial office before the end of one month after P’s first day of a continuous period of service in that office (or within any longer period the scheme manager considers appropriate). 2 If this regulation applies, P is taken never to have been in pensionable service under this scheme in relation to the continuous period of service in that office. 3 This regulation does not require the scheme manager to pay P any additional amount which becomes payable by P in respect of national insurance contributions because P has not after all been an active member of this scheme during any period. Opting out after one month 22 1 This regulation applies if a person (P) opts out of this scheme in relation to a continuous period of service in a qualifying judicial office not less than one month after P’s first day of a continuous period of service in that office. 2 If P opts out of this scheme by opt-out notice, P ceases to be in pensionable service under this scheme in relation to that office— a on the first day of the first pay period beginning on or after the date on which the option is exercised; or b if the scheme manager considers that day inappropriate, on the first day of any later pay period the scheme manager considers appropriate. 3 If P opens a partnership pension account, P ceases to be in pensionable service under this scheme in relation to that office on the first date that is 31st March or 30th September— a after the period of one month beginning with the date on which that account is opened; or b after any shorter period the scheme manager considers appropriate. CHAPTER 3 Pensionable earnings Pensionable earnings 23 For the purpose of calculating a member’s pension or other benefits under this scheme, the member’s pensionable earnings for any period are the sum of— a the member’s earnings for service in a qualifying judicial office for that period; and b any allowance granted on a permanent basis that the scheme manager determines to be pensionable earnings for that period. Meaning of “assumed pay” 24 1 For the purpose of these Regulations, an active member of this scheme (P) receives assumed pay in respect of any period in which any of the circumstances in paragraph (3) apply (“period of assumed pay”). 2 For the purpose of paragraph (1), “assumed pay” means the sum of an amount equal to the pensionable earnings that P would have received in that period if those circumstances had not applied. 3 The circumstances are— a P is on sick leave on reduced pay; b P is on adoption leave, maternity leave, parental leave, paternity leave or additional paternity leave; c P is receiving statutory pay; or d P is on secondment to a different employer under an arrangement providing for P to continue to be an active member of this scheme in relation to P’s service although P is paid for by that employer; 4 For the purpose of paragraph (3)(a), a period of sick leave on reduced pay does not include a period of leave in respect of which P is paid at a rate determined by P’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension. CHAPTER 4 Deferred membership Meaning of “deferred member” 25 A person (P) becomes a deferred member of this scheme in relation to a continuous period of pensionable service under this scheme if— a P ceases to be an active member of this scheme in relation to that period of service; b P does not become a pensioner member of this scheme in relation to that period of service; and c where P is not over normal pension age— i P has at least 2 years’ qualifying service, or ii a transfer value payment otherwise than from another occupational pension scheme has been received by this scheme in relation to P. PART 5 Pension accounts CHAPTER 1 Preliminary Descriptions of accrued pension 26 For the purpose of these Regulations, the descriptions of accrued pension are— a accrued earned pension; b accrued standard earned pension; c accrued earned pension attributable to an effective pension age option; d accrued added pension; e accrued added (all beneficiaries) pension; and f accrued added (self only) pension. Descriptions of full retirement pension 27 For the purpose of these Regulations, the descriptions of full retirement pension are— a full retirement standard earned pension; b full retirement earned pension attributable to an effective pension age option; c full retirement added (self only) pension; and d full retirement added (all beneficiaries) pension. Descriptions of partial retirement pension 28 For the purpose of these Regulations, the descriptions of partial retirement pension are— a partial retirement standard earned pension; b partial retirement earned pension attributable to an effective pension age option; c partial retirement added (self only) pension; and d partial retirement added (all beneficiaries) pension. CHAPTER 2 Calculation of adjustments Calculation of “retirement index adjustment” 29 1 The retirement index adjustment for an amount of accrued pension is— amount of accrued pension   Χ  retirement index percentage where— “amount of accrued pension” means an amount of any description of accrued pension; and “retirement index percentage” means the retirement index percentage calculated under paragraph (2) for that description of accrued pension. 2 The retirement index percentage is— A × B 12 where— A means the in-service revaluation index that applies in relation to this scheme for the leaving year; B is the number of complete months in the period between the beginning of the leaving year and the end of the relevant last day; and “complete month” includes an incomplete month that consists of at least 16 days. Determination of “the age addition” 30 1 This regulation applies in relation to every scheme year in which an active member’s account is open that is subsequent to the scheme year in which the member reaches normal pension age under this scheme, other than— a the scheme year in which the account is established under this Part; and b the scheme year immediately following that. 2 If the member has exercised an effective pension age option then, for the years for which that option has effect, this regulation applies in relation to every scheme year in which an active member’s account is open that is subsequent to the scheme year in which the member reaches the member’s effective pension age, other than— a the scheme year in which the account is established under this Part; and b the scheme year immediately following that. 3 At the beginning of the scheme year, for each description of pension, the scheme manager having regard to actuarial guidance must determine the age addition to be awarded for that scheme year by reference to the opening balance of that description of pension for the previous scheme year. 4 In these Regulations, “the age addition” means an additional amount of pension determined by reference to the proportion of the previous scheme year in which a member had reached— a normal pension age under this scheme; or b where applicable, the member’s effective pension age. Determination of “the assumed age addition” 31 1 This regulation applies when a deferred member’s account, full retirement account or partial retirement account is established under this Part for a member who reaches normal pension age under this scheme at least one month before the relevant last day. 2 For each description of accrued pension specified in the account, the scheme manager having regard to actuarial guidance must determine the assumed age addition to be awarded. 3 In these Regulations “the assumed age addition” means— a for an amount of accrued standard earned pension not attributable to a transferred pension, the age addition that would have been awarded for standard earned pension had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme; b for an amount of accrued standard earned pension attributable to a transferred pension, the age addition that would have been awarded for transferred pension had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme; c for an amount of accrued earned pension attributable to an effective pension age option, the age addition that would have been awarded for earned pension attributable to that option had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached the effective normal pension age stated in that option; d for an amount of any description of accrued added pension, the age addition that would have been awarded for added pension of that description had the member not left pensionable service or not partially retired in the leaving year, determined by reference to the proportion of the leaving year for which the member was an active member of this scheme who had reached normal pension age under this scheme. CHAPTER 3 Calculation of accrued pension Calculation of amount of accrued pension for purpose of deferment or full retirement 32 1 For the purpose of calculating the amount of a description of full retirement pension or the provisional amount of each description of deferred pension, the amount of accrued pension is an amount calculated in accordance with this regulation. 2 The amount of accrued standard earned pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service— a the sum of the opening balance of standard earned pension for the last active scheme year and the index adjustment for that opening balance; b the amount of standard earned pension for the last active scheme year; c the sum of the opening balance of transferred pension for the last active scheme year and the index adjustment for that opening balance; and d the amount of transferred pension for the last active scheme year. 3 The amount of accrued earned pension attributable to an effective pension age option is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service— a the sum of the opening balance of earned pension attributable to that option for the last active scheme year and the index adjustment for that opening balance; and b the amount of earned pension attributable to that option for the last active scheme year. 4 The amount of any description of accrued added pension is the total of the following amounts specified in the active member’s account as at the end of the last day of pensionable service— a the sum of the opening balance of added pension of that description for the last active scheme year and the index adjustment for that opening balance; and b the amount of accrued added pension of that description for the last active scheme year. Calculation of amount of accrued pension for purpose of partial retirement 33 1 For the purpose of calculating the amount of a description of partial retirement pension, the amount of accrued pension is an amount calculated in accordance with this regulation. 2 The amount of accrued standard earned pension is the option proportion of the total of the following amounts specified in the active member’s account as at the end of the relevant last day— a the sum of the opening balance of standard earned pension for the leaving year and the index adjustment for that opening balance; b the amount of standard earned pension for the leaving year; c the sum of the opening balance of transferred pension for the leaving year and the index adjustment for that opening balance; and d the amount of transferred pension for the leaving year. 3 The amount of accrued earned pension attributable to an effective pension age option is the option proportion of the total of the following amounts specified in the active member’s account as at the end of the relevant last day— a the sum of the opening balance of earned pension attributable to that option for the leaving year and the index adjustment for that opening balance; and b the amount of earned pension attributable to that option for the leaving year. 4 The amount of any description of accrued added pension is the option proportion of the total of the following amounts specified in the active member’s account as at the end of the relevant last day— a the sum of the opening balance of added pension of that description for the leaving year and the index adjustment for that opening balance; and b the amount of added pension of that description for the leaving year. CHAPTER 4 Pension accounts: general Establishment of pension accounts: general 34 1 The scheme manager must establish and maintain one or more pension accounts for each member of this scheme in accordance with this Part. 2 A pension account— a may be kept in any form the scheme manager considers appropriate; and b must specify the details required by these Regulations. 3 References in these Regulations to any amount specified in a pension account are references to the amount that is required by these Regulations to be so specified and not, if different, the amount actually so specified. Closure and adjustment of pension accounts on transfer out 35 1 Except as otherwise provided in this regulation, the scheme manager must close all pension accounts relating to a member of this scheme if— a a transfer value payment is made in respect of the member’s accrued rights under this scheme; or b all members’ contributions and payments for extra pension made by the member are refunded to the member under Part 9. 2 Paragraph (1) does not require the scheme manager to close an account that includes amounts to which the transfer value payment does not relate or is not attributable. 3 An account that is not closed because of paragraph (2) must be adjusted as the scheme manager considers appropriate to reflect the extinguishment of rights under this scheme. 4 Paragraph (1)(a) does not require the scheme manager to close a pension credit member’s account if the transfer value payment is made in respect of the accrued rights of a member who is both— a a pension credit member of this scheme; and b an active member, deferred member or pensioner member of this scheme. CHAPTER 5 Active member’s account Application of Chapter 36 1 This Chapter applies in relation to a continuous period of pensionable service under this scheme. 2 For a person who is an active member of this scheme in relation to 2 or more continuous periods of pensionable service at the same time, this Chapter applies separately in relation to each of those periods of service. Purported transfer value payment 36A In this Chapter, “ purported transfer value payment ” means a payment— a which was made by either— i a person “P” who has remediable service in a judicial office; or ii a relevant fee-paid judge who has relevant service in a judicial office; b which was intended to be a transfer value payment; and c which was not a transfer value payment due to— i a determination by a court or tribunal that, as a result of a non-discrimination rule, any person has rights under a judicial legacy scheme in respect of P’s remediable service; ii an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or iii the payment being made in relation to a relevant fee-paid judge. Establishment of active member’s account 37 1 The scheme manager must establish a pension account for a member who is in pensionable service from the day on which the member begins pensionable service. 2 For the purpose of these Regulations, an account established under paragraph (1) is called an active member’s account. Receipt of a transfer value payment 38 1 This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme. 2 On receiving the transfer value payment, the scheme manager must credit the active member’s account with the amount of transferred pension calculated under regulation 143 (amount of transferred pension). Transfer value payment or purported transfer value payment in respect of judges with remediable service 38A 1 Paragraph (2) applies where— a a person “P” has remediable service in a judicial office; b one or more purported transfer value payments were made in relation to P during the period of remediable service; c an immediate detriment remedy has been obtained in relation to the period of remediable service; and d no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)). 2 The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments. 3 Paragraph (4) applies where— a a person “P” has remediable service in a judicial office; b one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and c a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P. 4 P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b). Purported transfer value payment in respect of relevant fee-paid judges 38B 1 Paragraph (2) applies where— a a relevant fee-paid judge “R” has relevant service in a judicial office; and b one or more purported transfer value payments were made in relation to R during the period of relevant service. 2 The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments. Amount of pension for a scheme year 39 1 This regulation applies in relation to every scheme year in which an active member’s account is open. 2 The active member’s account must specify, in relation to each description of pension, the amount of that description of pension for the scheme year. 3 The amount of earned pension for a scheme year is 2.32% of the member’s pensionable earnings for that year. 4 The amount of transferred pension for a scheme year is the amount (if any) which the member is entitled to count under regulation 143 for that year. 5 The amount of added pension of any description for a scheme year is the amount (if any) credited to the active member’s account in that scheme year under paragraph 13 or 14 of Schedule 1. 6 In this regulation, “earned pension” means— a standard earned pension (if any); and b earned pension attributable to an effective pension age option (if any).