PART 5 E+W+SMiscellaneous

Judicial and public service pensions E+W+S

78 Pension scheme for fee-paid judges E+W+S

(1) In the Judicial Pensions and Retirement Act 1993, after Part 1 insert—

“PART 1A E+W+SFEE-PAID JUDGES

18A Pension scheme for fee-paid judges

(1) The appropriate Minister may by regulations establish a scheme for the payment of pensions and other benefits to or in respect of fee-paid judges.

(2) The scheme may make provision for payments to or in respect of a person in relation to the person's service before the scheme is established.

(3) No benefits are to be provided under a new public service pension scheme in relation to service in relation to which benefits are to be provided under a scheme under this section.

“New public service pension scheme” means a scheme under—

(a) section 1 of the Public Service Pensions Act 2013, or

(b) section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (c. 2).

(4) The power under section 18(5) of the Public Service Pensions Act 2013 is to include power to provide for exceptions in the case of a person who—

(a) served as a fee-paid judge before 1 April 2012, and

(b) has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,

(and section 18(6) to (8) of the 2013 Act apply accordingly).

(5) The power under section 18(5) of the Public Service Pensions Act (Northern Ireland) 2014 is to include power to provide for exceptions in the case of a person who—

(a) served as a fee-paid judge before 1 April 2012, and

(b) has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,

(and section 18(7) to (9) of the 2014 Act apply accordingly).

(6) Regulations under this section may, in particular, include provision corresponding or similar to—

(a) any provision made by Part 1, section 20 or Schedule 2 or 2A;

(b) any provision that may be made by regulations under Part 1, section 20 or Schedule 2 or 2A.

(7) In this section—

• “judge” means a person who holds an office specified in the regulations;

• “fee-paid judge” means a judge whose service is remunerated by the payment of fees (as opposed to the payment of a salary).”

(2) Schedule 5 contains related amendments.