The Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 10

PENSIONS

The Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 1996

Made

10th January 1996

To be laid before Parliament

Coming into operation

2nd February 1996

The Lord Chancellor, in exercise of the powers conferred on him by the enactments specified in the Schedule to this instrument and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 2nd February 1996.

(2) In these Regulations, “the principal Regulations” means the Judicial Pensions (Additional Voluntary Contributions) Regulations (Northern Ireland) 1995(1) and a Regulation or Schedule referred to by number means the Regulation or Schedule so numbered in the principal Regulations.

Revocation

2.  Regulation 2.3(1)(g) is hereby revoked.

Amendments to the principal Regulations

3.  In Regulation 2.2, after paragraph (2), there shall be added the following paragraph—

“(3) Before his application for membership of the scheme is accepted, an applicant shall provide, and shall authorise to be provided, such information relating to his medial history and state of health as shall be requested by the administrators of the scheme.”.

4.  In Regulation 2.6(2), in the table in sub-paragraph (a), the words “for each year” in the second place where they occur shall be deleted.

5.  In Regulation 2.18 for the word “administrator” there shall be substituted “administrators”.

6.  Regulation 2.24 shall be amended as follows—

(a) in paragraph (2), the words “as appropriate” shall be deleted; and

(b) in paragraph (2)(d), the words “as defined by the 1993 Act” shall be deleted.

7.  After Regulation 2.26 there shall be added the following Regulation—

“Administrative expenses

2.27   Any administrative expenses incurred, to an extent agreed by the administrators of the scheme, by the authorised provider by virtue of acting as the authorised provider under these Regulations may be defrayed out of sums received by way of voluntary contributions.”.

8.  For Regulation 3.1 there shall be substituted the following Regulation—

“3.1— (1) Paragraph (2) shall apply where a member of an existing scheme wishes to make contributions to a FSAVC scheme for the purpose of improving his personal pension benefits or the lump sum payable by virtue of his having died in service.

(2) There shall be taken into account for the purpose of assessing the maximum amount of contributions the member is entitled to make—

(a) in relation to the personal pension benefits, the member’s retained benefits;

(b) in relation to the lump sum payable by virtue of the member having died in service, the member’s retained death benefits.

(3) Paragraph (2) shall not apply where the member makes contributions to a FSAVC scheme for any purpose other than that set out in paragraph (1).”.

9.  Regulation 4.3 shall be amended as follows—

(a) in paragraph (1), in the definition of “lump sum benefit”, for the reference to “Regulation 2.7(1)” there shall be substituted “Regulations 2.3(1) and 2.7(1)”; and

(b) for paragraph (2) there shall be substituted the following paragraph—

“(2) The administrators shall require the provision of information relating to retained benefits in accordance with Regulation 2.3.”.

10.  In Regulation 4.6 after paragraph (1) there shall be inserted the following paragraph—

“(1A) If a member leaves scheduled office on or after reaching his normal pension age, any added unit of benefit that he has purchased shall increase the rate of any children’s pension payable on his death in respect of service in such office in accordance with Regulation 4.6A and so proportionately for any part unit of benefit purchased.”.

11.  After Regulation 4.6 there shall be added the following Regulation—

“4.6A— (1) This Regulation applies for the purpose of determining the increase in the rate of children’s pension payable in the circumstances set out in Regulation 4.6(1A).

(2) Where the annual rate of children’s pension before the application of this Regulation and Regulation 4.6 is that proportion of the annual rate of the member’s judicial pension which is set out in column 1 of the table below, the amount of the children’s pension shall be increased by that proportion of the member’s annual salary at the date of his death or retirement which is set out in column 2 of the table—

Rate of children’s pension before increase	Rate of increase
¼	1/160th
⅓rd	1/120th
½	1/80th
⅔rds	1/60th.”.

12.  Regulation 4.7 shall be amended as follows—

(a) in paragraph (2)—

(i) for the reference to “date of retirement” where it first appears there shall be substituted “date when he ceased to make contributions in accordance with Regulation 4.4(6)”; and

(ii) in sub-paragraph (i) for the reference to “the member’s date of retirement” there shall be substituted “the date the member ceased to make contributions in accordance with Regulation 4.4(6)”.

(b) after paragraph (4) there shall be added the following paragraph—

“(5) For the purposes of this Regulation, the references in the tables set out in Schedule 3 to “normal pension age” shall be treated as if they were references to “the date that contributions ceased”.”.

Mackay of Clashfern, C.

Dated

We consent

Liam Fox

Michael Bates

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 11th January 1996

Recital

SCHEDULE Provisions conferring powers exercised in making these Regulations

• section 127A of the County Courts Act (Northern Ireland) 1959(2)

• section 9A of the Resident Magistrates' Pensions Act (Northern Ireland) 1960(3)

• section 11A of the Judicial Pensions Act (Northern Ireland) 1951(4)

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Judicial Pensions (Additional Voluntary Contributions) Regulations (Northern Ireland) 1995.

They provide for—

(a) the further application of Inland Revenue limits to the amount of additional benefits which may be purchased;

(b) the provision of additional children’s pension in return for the purchase of added units of benefit under the Judicial Added Benefits Scheme;

(c) administrative expenses incurred by the authorised provider to be deducted from voluntary contributions received.

These Regulations also amend the earlier Regulations to correct some errors and omissions.

(1)

S.R. 1995 No. 189

(2)

1959 c. 25 (N.I.); section 127A was inserted by S.I. 1991/2631 (N.I. 24) Article 6 and was amended by the Judicial Pensions and Retirement Act 1993 (c. 8), Schedule 3, paragraph 8

(3)

1960 c. 2 (N.I.); section 9A was inserted by S.I. 1991/2631 (N.I. 24) Article 6 and was amended by the Judicial Pensions and Retirement Act 1993 (c. 8), Schedule 3, paragraph 8

(4)

1951 c. 20 (N.I.); section 11A was inserted by S.I. 1991/2631 (N.I. 24) Article 6 and was amended by the Judicial Pensions and Retirement Act 1993 (c. 8), Schedule 3, paragraph 8