Office of Public Sector Information
PART I continued
“aggregable benefits” means—
any pensions or other benefits under this Part, other than such additional benefits as are mentioned in subsection (1) above;
such additional benefits so mentioned as may be prescribed; and
such retained benefits as may be prescribed;
“authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the [1986 c. 60.] Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;
“employment” has the same meaning as it has in the [1975 c. 60.] Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);
“occupational pension scheme” has the meaning given by section 66(1) of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;
“personal pension scheme” has the meaning given by section 84(1) of the [1986 c. 50.] Social Security Act [S.I. 1986/1888 (N.I. 18).] 1986 or, in relation to Northern Ireland, Article 2(2) of the Social Security (Northern Ireland) Order 1986;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means regulations under this section;
“relevant benefits” has the meaning given by section 612(1) of the [1988 c. 1.] Income and Corporation Taxes Act 1988;
“retained benefits”, in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;
“surplus funds”, in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (4)(b) above;
“tax-exemption” and “tax-approval” have the meaning given by section 84(1) of the Social Security Act 1986;
“voluntary contributions scheme” means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;
and, where a person’s voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.
(9) Without prejudice to section 29(6) below, regulations under this section may make different provision for different classes or descriptions of voluntary contributions scheme.
(10) Without prejudice to subsections (5)(c) and (d) and (6) above, there may be paid out of money provided by Parliament—
(a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or
(b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.
(11) Any sums received under this section may be paid into the Consolidated Fund.
(1) Where this Part applies, or would, apart from section 13 below, apply, to a person—
(a) no other judicial pension scheme, apart from—
(i) any scheme established by regulations under section 10 above which may fall to be regarded as a judicial pension scheme, and
(ii) the scheme constituted by section 19 below, shall have effect in relation to him; and
(b) no pension or lump sum under any such scheme shall be paid to or in respect of him.
(2) Subsection (1) above is without prejudice to a person’s accrued rights to benefit under any such scheme in respect of service before the relevant day; and, in the case of a person to whom this Part applies, any such rights which he may have shall accordingly be given effect in accordance with section 12 below.
(3) Subsections (1) and (2) above shall not—
(a) preclude the payment of a pension or other benefits under—
(i) the principal civil service pension scheme, or
(ii) the principal civil service pension scheme for the civil service of Northern Ireland,
in respect of service before the relevant day, or
(b) affect any rights to a pension or other benefits under either of those schemes in respect of such service,
unless at least some of that service was in qualifying judicial office.
(4) In this section, the “relevant day”, in the case of any person, means the day on which this Part first applies, or would, apart from section 13(8)(a) below, first apply, to him.
(1) Where this Part begins to apply to a person by virtue of paragraph (b), (c) or (d) of section 1(1) above—
(a) any relevant rights of his shall be transferred to the scheme constituted by this Part; and
(b) entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of him shall accordingly be determined by reference to—
(i) the rights so transferred; and
(ii) his service in qualifying judicial office on or after the relevant day.
(2) Regulations may make provision—
(a) for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and
(b) prescribing the manner in which those rights are to be given effect under this Part,
and, without prejudice to the generality of paragraph (b) above, regulations under that paragraph may provide for those rights to be so given effect by crediting the person in question with such service on or after the relevant day as may be prescribed.
(3) For the purposes of this section—
(a) a person’s “relevant rights” are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but
(b) rights under—
(i) the principal civil service pension scheme, or
(ii) the principal civil service pension scheme for the civil service of Northern Ireland,
shall not be regarded as relevant rights for the purposes of this section unless at least some of the person’s service which was subject to the scheme in question was service in qualifying judicial office and, in that event, all his rights under that scheme shall be regarded as relevant rights.
(4) In this section—
“prescribe” means prescribe in regulations;
“regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury;
“the relevant day”, in relation to any person, means the day on which this Part first applies to him.
(1) A person to whom this Part applies, or to whom it would apply apart from this section, may be a member of a personal pension scheme while holding qualifying judicial office if, and only if, he serves on the appropriate Minister a written notice of election, which shall—
(a) identify the personal pension scheme in question; and
(b) be expressed to take effect on a date not less than three months after service of the notice;
and, in accordance with section 1(5) above, where a person makes an election under this section, he shall not be regarded as a person to whom this Part applies at any time when the election is in force.
(2) An election made by a person under this section—
(a) shall be irrevocable, except as provided by the following provisions of this section; and
(b) shall not affect any rights of his which accrued under this Part before the election comes into force;
and, in accordance with section 2(7)(b)(iii) above, any service of his in qualifying judicial office while the election is in force shall be left out of account in determining the length of his service in such office for the purposes of this Part.
(3) Where an election under this section is in force and the person who made it continues to hold qualifying judicial office, he may make a written application to the appropriate Minister requesting that he should once again become a person to whom this Part applies.
(4) If, on an application under subsection (3) above, the appropriate Minister is satisfied that the applicant is in good health, he may direct that this Part shall once again apply to the applicant with effect from a date (his “date of re-admission”) not less than three months after service of the application.
(5) A person’s election under this section shall cease to be in force on his date of re-admission.
(6) An applicant under subsection (3) above shall—
(a) provide such evidence relating to his health, and
(b) submit to any such medical examination,
as may be reasonably required by the appropriate Minister.
(7) The appropriate Minister shall give written notice of his decision on an application under subsection (3) above to the applicant not later than three months after service of the application.
(8) Where an election (whenever made) under any of the corresponding provisions is in force in respect of a person on the relevant day—
(a) the election shall have effect for the purposes of this Part, and shall continue in force, as if made under this section; and
(b) if and so long as the election remains in force, the person shall be precluded from making an election under section 1(2) above;
but if, on an application under subsection (3) above in relation to the election, the appropriate Minister directs that this Part shall apply to that person, the election shall, in accordance with subsection (5) above, cease to be in force for the purposes of this Part (as well as for those of the Act or instrument containing the corresponding provision), paragraphs (a) and (b) above shall cease to have effect in relation to it, and the application shall have effect as the applicant’s election under section 1(2) above.
(9) In this section—
“the corresponding provisions” means—
section 14A(3) of the 1981 Act;
section 116A(3) of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959;
section 2A(3) of the [1960 c. 2 (N.I.).] Resident Magistrates' Pensions Act (Northern Ireland) 1960;
section 2A(3) of the [1964 c. 29 (N.I.).] Lands Tribunal and Compensation Act (Northern Ireland) 1964;
section 2A(1) of the [1969 c. 7 (N.I.).] Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;
paragraph 7A(3) of Schedule 10 to the [1975 c. 15.] Social Security (Northern Ireland) Act 1975;
and, in the case of any other judicial pension scheme, any provision of that scheme which confers a right to elect for a pension under a personal pension scheme;
“personal pension scheme” means a scheme in respect of which there is in force a current appropriate scheme certificate issued by the Occupational Pensions Board in accordance with section 2 of the [1986 c. 50.] Social Security Act 1986 or, in the case of qualifying judicial office held in Northern Ireland, in accordance with Article 4 of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986;
“the relevant day”, in the case of any person, means the day on which this Part first applies, or would, apart from any election under this section or the corresponding provisions, first apply to him.
(1) Not more than one pension shall be paid under section 2 above and the [1832 c. 111.] Lord Chancellor’s Pension Act 1832 to a person to whom this Part applies who has also held the office of Lord Chancellor.
(2) In determining the appropriate annual rate of a pension payable under section 2 above to such a person as is mentioned in subsection (1) above who either—
(a) was holding the office of Lord Chancellor immediately before the appointed day, or
(b) first held that office on or after that day,
the length of his service in qualifying judicial office shall be treated as increased by the aggregate length of his periods of service in the office of Lord Chancellor (excluding any day of service in that office which is also a day of service in qualifying judicial office).
(3) Where a pension under the [1832 c. 111.] Lord Chancellor’s Pension Act 1832 is, or would, but for his death, have been, paid to such a person as is mentioned in subsection (1) above (so that no derivative benefits are payable to or in respect of him under this Act) Part II of the 1981 Act shall continue to have effect with respect to the derivative benefits, within the meaning of that Part, which are payable to or in respect of him by virtue of his service in the office of Lord Chancellor, and shall do so notwithstanding anything in section 11 or 12 above.
(4) Except as provided by subsection (3) above, no pension or other benefit shall be paid under that Part of that Act to or in respect of a person to whom this Part applies.
Subject to sections 1(8) above and 21 below and to any regulations under section 38 or 39A of the [1965 c. 74.] Superannuation Act 1965 (employment in more than one public office), nothing in this Part shall apply in relation to the pensions and other benefits payable to or in respect of a person in respect of his service as a Circuit judge by virtue of holding the office of Recorder of London or Common Serjeant; and accordingly—
(a) those matters shall continue to be provided for as mentioned in section 7 of the [1964 c. iv.] City of London (Courts) Act 1964 (remuneration, pensions and other benefits in respect of those offices to be defrayed by the Common Council); and
(b) service as a Circuit judge by virtue of holding either of those offices shall not be regarded as service in qualifying judicial office.
In making any calculation for the purposes of sections 4 to 8 above, any abatement of a pension falling to be made under any order made under—
(a) section 65 of the [1973 c. 38.] Social Security Act 1973 (modification etc of public service pension schemes), or
(b) Article 61 of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975 (corresponding provision for Northern Ireland),
shall be left out of account.
Where a marriage which is voidable, but not void from the beginning, is declared null by any court, the same results shall follow under this Part as would have followed if the marriage had not been voidable but had been dissolved at the date of the declaration of nullity.
(1) For the purposes of Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes) the provisions of this Part shall be regarded as amendments, for such persons as are mentioned in section 1(1) above, of the statutory schemes constituted by or under the 1981 Act; and, accordingly, any scheme constituted by this Part—
(a) shall be taken to have been established before 14th March 1989; and
(b) is a relevant statutory scheme for the purposes of that Chapter.
(2) Expressions used in this section and in Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 have the same meaning in this section as they have in that Chapter.
Judicial Pensions and Retirement Act 1993