The Judicial Pensions (Fee-Paid Judges) Regulations 2017

[F1 Annual rate of reduced pension U.K.

11H.— (1) The annual rate of a pension to which a member (“P”) becomes entitled under regulation 11G is determined under paragraph (3), (5) or (7) (whichever applies).

(2) Paragraph (3) applies where on retirement, P has reckonable service in only one eligible fee-paid judicial office which is a relevant office.

(3) The annual rate for the relevant office is determined in accordance with the following formula—

where—

R is P’s reckonable service in the relevant office

JS is the number of years of qualifying judicial service that P has, subject to a maximum of—

(i)

15 years for offices specified in Tables 1 and 2 in Schedule 1, and

(ii)

20 years for offices specified in Table 3 in Schedule 1

AF is the accrual factor specified for the relevant office in column 2 of Table 1, 2 or 3, as the case may be, of Schedule 2, relating to P’s qualifying judicial service

S is the appropriate annual salary of the judicial office held by P immediately before retirement

A is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday preceding the day on which P retires

B is the number of days in the period beginning with P’s birthday preceding the day on which P retires and ending with the day on which P retires

C is the actuarial reduction factor set out in the Table in the Schedule to the Judicial Pensions (Miscellaneous) Regulations 1995 corresponding to P’s age on P’s birthday following the day on which P retires.

(4) Paragraph (5) applies where—

(a) on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b) P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3) in relation to each relevant office.

• Step 2

  Add together each of the annual rates determined under Step 1.

(6) Paragraph (7) applies where—

(a) on retirement P has reckonable service in more than one eligible fee-paid judicial office; and

(b) at any time before retirement, P held two or more eligible fee-paid judicial offices simultaneously.

(7) The annual rate for any relevant offices is determined by taking the following steps—

• Step 1

  Determine the annual rate under paragraph (3), in relation to each relevant office which P held simultaneously with another eligible fee-paid judicial office as if—

  (i)

  that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and

  (ii)

  P held that office (and held no other judicial office) immediately before retirement.

• Step 2

  Determine the annual rate under paragraph (3), in relation to each relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (3), S is—

  (i)

  where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office,

  (ii)

  where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

• Step 3

  Add together each of the rates determined under Steps 1 and 2.

(8) Paragraph (9) applies where—

(a) during one or more parts of the period for which P held a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously; and

(b) during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9) For the purposes of paragraph (7)—

(a) office A is to be treated as two different relevant offices—

(i) the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a) and, accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii) the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly, is taken into consideration in Step 2 in paragraph (7); and

(b) P’s reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.]

Textual Amendments

F1 Pts. 2A, 2B inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 12