Statutory Instrument 1995 No. 639

The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995, ISBN 0110526716. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 639

PENSIONS

The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995

The Lord Chancellor, and, in relation to judicial offices whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by section 33A of the Judicial Pensions Act 1981^[1] and sections 10, 12(2), 23, 29(3) and (4) of and Schedule 2 to the Judicial Pensions and Retirement Act 1993^[2] and with the concurrence of the Treasury, hereby make the following Regulations: —

Title and Commencement
    1.1.    These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 and shall come into force on 31st March 1995.

Interpretation
    1.2.    In these Regulations —
"additional voluntary contributions" means any contributions by a member of the scheme constituted under Part I of the 1993 Act or an existing scheme over and above those contributions towards the cost of providing surviving spouse's and children's benefits which are required as a condition of membership (whether made by deductions from salary or from a lump sum on death or retirement);


"AVC scheme" means a judicial pension scheme other than a FSAVC scheme providing for the purchase of benefits additional to those provided by the scheme constituted under Part I of the 1993 Act or an existing scheme by means of additional voluntary contributions;


"approved scheme" means a retirement benefits scheme approved under Chapter I, Part XIV of the 1988 Act, or such other legislation as may be in force from time to time in respect of such approval;


"assumed retirement age" means the age, being between the years of 60 and the member's compulsory retirement age, which a member to whom regulation 2.2(1)(a) applies shall, from time to time, have notified the administrators in writing as being the age at which he intends to retire;


"authorised provider" has the meaning given to it in section 10(8);


"death benefit" means a lump sum payable on the death of a member;


"existing scheme" means a judicial pension scheme other than that constituted by the 1993 Act and which is not a voluntary contributions scheme;


"FSAVC scheme" means a retirement benefits scheme approved under section 591(2)(h) of the 1988 Act established by a pension provider other than the administrators of a judicial pension scheme and to which only the member contributes.


"Index", at any time, means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;


"leading scheme" and "main scheme" shall have the meanings given to them in regulation 2 of the 1993 Regulations;


"normal pension age", in relation to a member, means the age at which the member would be able to retire from his existing scheme with a pension immediately payable.


"PCSPS" means the Principal Civil Service Pension Scheme established under section 1 of the Superannuation Act 1972^[3];


"retirement benefits scheme" has the meaning given to it in section 611 of the 1988 Act;


"the 1988 Act" means the Income and Corporation Taxes Act 1988^[4];


"the 1993 Act" means the Judicial Pensions and Retirement Act 1993, and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;


"the 1993 Regulations" means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993^[5];


"qualifying judicial office" means any office for the time being specified in Schedule 1 to the 1993 Act and references to a person holding qualifying judicial office shall be construed in accordance with section 1(6);


"retained death benefits" has the meaning given to it in regulation 2.4.


"voluntary contributions scheme" means an FSAVC scheme or an AVC scheme.

[1] 1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 (c. 41), section 82 and amended by the Judicial Pensions and Retirement Act 1993 (c. 8), section 24 and schedule 3. The power of the Secretary of State to make regulations under section 33A is expressed to be in relation to pensions for service in offices existing only in Scotland. These are coterminus with offices whose jurisdiction is exercised in relation to Scotland. back

[2] 1993 c. 8; by virtue of section 10(7), the power to make these regulations is vested in "the appropriate Minister" which expression is defined in section 30(1) as (a) in relation to any judicial office whose jurisdiction is exercised exclusively in Scotland, the Secretary of State, or (b) subject to (a), the Lord Chancellor. back

[3] 1972 c. 11. back

[4] 1988 c. 1. back

[5] S.I. 1993/3016. back

Explanatory Note