The Judicial Pensions (Remediable Service etc.) Regulations 2023

Amendment of the Judicial Pensions Regulations 2015

1.—(1) The 2015 Regulations are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the opening words insert—

““2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;”;

(b) for the definition of “active member” substitute—

““active member”, in relation to this scheme, means a person who is—

(i)

in pensionable service under this scheme; or

(ii)

deemed to have been an active member of this scheme by virtue of regulations 38A(2) or 38B(2) or paragraphs 23A(2) or 23B(2) of Schedule 1;”;

(c) for the definition of “amount of credited pension” substitute—

““amount of credited pension” means the sum of the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 (pension credits: mode of discharge) to WRPA 1999 and any remediable pension credit or remediable pension reduction, where—

(a)

“remediable pension credit”, in the circumstances mentioned in—

(i)

regulation 48 of the 2023 Regulations, has the meaning given in regulation 49(6) of those Regulations;

(ii)

regulation 51 of the 2023 Regulations, has the meaning given in regulation 52(4) of those Regulations;

(iii)

regulation 55 of the 2023 Regulations, has the meaning given in regulation 56(12) of those Regulations;

(b)

“remediable pension reduction” has the meaning given in regulation 56(12) of the 2023 Regulations;”;

(d) after the definition of “PA 1995” insert—

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;”;

(e) after the definition of “registered” insert—

““relevant fee-paid judge” has the meaning given in section 103 of PSPJOA 2022;”;

(f) after the definition of “relevant scheme” insert—

““relevant service” has the meaning given in regulation 29(2) of the 2023 Regulations;”.

(3) After regulation 38 (receipt of transfer value payment) insert—

“Accrued earned pension attributable to a transfer value payment where a legacy scheme election is made

38A.— (1) Paragraph (2) applies where—

(a) a person “P” has remediable service in a judicial office;

(b) a transfer value payment has been received by this scheme in relation to P during the period of remediable service; and

(c) either—

(i) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P; or

(ii) an immediate detriment remedy has been obtained in relation to the period of remediable service.

(2) P is deemed to have been an active member of this scheme for all purposes in connection with the transfer value payment.

Accrued earned pension attributable to a transfer value payment in respect of relevant fee-paid judges

38B.— (1) Paragraph (2) applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office; and

(b) a transfer value payment has been received by this scheme in relation to R during the period of relevant service.

(2) R is deemed to have been an active member of this scheme for all purposes in connection with the transfer value payment.”.

(4) In regulation 52(5) (establishment of pension credit member’s account)—

(a) omit the “and” immediately after sub-paragraph (a);

(b) at the end of (b) insert—

“; and

(c) any adjustment required by Part 5 of the 2023 Regulations other than a remediable pension credit to which the pension credit member has become entitled under that Part”.

(5) After regulation 126(1) (payment of member contributions) insert—

“(1A) Member contributions that must be paid under section 52(4) of PSPJOA 2022 are to be paid in accordance with regulation 66 of the 2023 Regulations.”.

(6) In Schedule 1, after paragraph 23 insert—

“CHAPTER 5 Deemed membership for added pension payments

Added pension where a legacy scheme election is made

23A.— (1) This paragraph applies where—

(a) a person “P” has remediable service in a judicial office;

(b) P has, during the period of remediable service, made an added pension payment under this Part;

(c) either—

(i) a legacy scheme election is made in respect of P under section 40 of PSPJOA 2022; or

(ii) an immediate detriment remedy has been obtained in relation to the period of remediable service; and

(d) a request has not been made in respect of P under regulations 8 or 24 of the 2023 Regulations.

(2) P is deemed to have been an active member of this scheme for all purposes in connection with the added pension payments.

Added pension in respect of relevant fee-paid judges

23B.— (1) This paragraph applies where—

(a) a relevant fee-paid judge “R” has relevant service in a judicial office;

(b) R has, during the period of relevant service, made any added pension payments under this Part; and

(c) a request has not been made in respect of R under regulation 40 of the 2023 Regulations.

(2) R is deemed to have been an active member of this scheme for all purposes in connection with the added pension payments.”.