The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Opted-out members and active membersU.K.

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9.—(1) A member (“P”) is an “opted-out member” of the principal scheme on any day if P—

(a)has, on or before that day, opted out of the principal scheme under regulation 10; and

(b)has not opted back in under regulation 11.

(2) If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.

[F1(2A) If P became a member as a consequence of amendments made to these Regulations coming into effect on 1st April 2023 and opts out on or before 31st October 2023, P is treated as always having been an opted-out member.]

(3) P is an “active member” of the principal scheme on any day if—

(a)P is not an opted-out member;

(b)P holds an eligible fee-paid judicial office on that day; and

(c)if P had received a fee in P's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day [F2or a service credit day].

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