The Judicial Pensions (Fee-Paid Judges) Regulations 2017

PART 1 U.K. PRELIMINARY

Modifications etc. (not altering text)

C1 Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)

Citation and commencement U.K.

1.  These Regulations may be cited as the Judicial Pensions (Fee-Paid Judges) Regulations 2017 and come into force on—

(a) 1st April 2017, or

(b) if later, the day after the day on which they are made.

Interpretation U.K.

2.—(1) In these Regulations—

[F1 “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;]

“the 1995 Regulations” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 F2 ;

[F3 “the 2023 Regulations” means the Judicial Pensions (Remediable Service etc.) Regulations 2023;]

“the 2017 schemes” means the principal scheme, the JAVC scheme, the FPJAYS[F4 , the JASAPS and the FPJABS];

[F5 “the FPJABS” means the Fee-Paid Judicial Added Benefits Scheme constituted by Part 14A;]

“the JAVC scheme” has the meaning given by regulation 90;

“the FPJAYS” means the Fee-Paid Judicial Added Years Scheme constituted by Part 13;

“the JASAPS” means the Fee-Paid Judicial Added Surviving Adult's Pension Scheme constituted by Part 14;

[F6 “JUPRA service” means service in a qualifying judicial office as defined in section 1(6) of the Judicial Pensions and Retirement Act 1993;]

[F6 “the post-1995 provisions” means the provisions for the calculation of benefits contained in Parts 3 and 6;]

[F7 “a 2015 scheme election” has the meaning given in section 44 of PSPJOA 2022;]

[F6 “the pre-1995 provisions” means the provisions for the calculation of benefits contained in Part 2B;]

“active member” has the meaning given by regulation 9;

“the administrators” means the administrators entrusted with the administration of the scheme constituted by Part 1 of the Judicial Pensions and Retirement Act 1993;

[F8 “the amendment day” means 1st April 2023;]

“appropriate annual salary” has the meaning given by regulation 7;

“benefits” means any pension or lump sum payable under the principal scheme except where the context otherwise requires;

“benefit crystallisation event” has the meaning given by section 216 of the Finance Act 2004 F9 ;

“the commencement day” means the date on which these Regulations come into force;

“eligible child” has the meaning given by regulation 40;

“eligible fee-paid judicial office” has the meaning given by regulation 3(2);

“fee-paid judicial office” has the meaning given by regulation 3(1);

“guaranteed minimum pension” has the meaning given in paragraph 1(1) of Schedule 2 to the Judicial Pensions and Retirement Act 1993 F10 ;

“the ill-health certification condition” has the meaning given by regulation 23;

“the interim payments amount” has the meaning given by regulation 49;

“judicial office” has the meaning given by regulation 3(1);

“lifetime allowance charge” has the meaning given by section 214 of the Finance Act 2004;

“member” means a person who is a member of the principal scheme under regulation 8;

[F11 “normal pension age” means (except in Part 11)—

(a)

for an office in relation to which pension benefits are calculated under the pre-1995 provisions—

(i)

for an office listed in Table 1 in Schedule 1, age 70 or the age at which the person has completed 15 years of qualifying judicial service, whichever is earlier,

(ii)

for an office listed in Table 2 or Table 3 in Schedule 1, apart from those offices listed in sub-paragraph (iii) of this definition, age 65 or the age at which the person has completed 2 years of qualifying judicial service, whichever is later,

(iii)

for the offices of Deputy Circuit Judge, Recorder, Assistant Recorder, Employment Tribunal Chairman and Temporary Judge of the Employment Tribunal (when a legal qualification is a requirement of appointment), age 65, or

(b)

for an office in relation to which pension benefits are calculated under the post-1995 provisions, age 65, or the age at which the person has completed 5 years of qualifying judicial service, whichever is later;]

“opted-out member” has the meaning given by regulation 9;

“partial retirement” has the meaning given by regulation 3(4);

“permitted maximum” has the meaning given in section 3(3A) of the Judicial Pensions and Retirement Act 1993 F12 ;

“the principal scheme” means the scheme constituted by Parts 1 to 11 of these Regulations;

“qualifying child” in relation to a member means a child who would be an eligible child if the member were dead;

“qualifying fee-paid day” has the meaning given by regulation 4;

“qualifying fee-paid service” has the meaning given by regulation 4;

“qualifying judicial service” has the meaning given by regulation 6;

“reckonable service” has the meaning given by regulation 5;

“registered pension scheme” means a pension scheme that is a registered pension scheme under Chapter 2 of Part 4 of the Finance Act 2004 F13 ;

[F14 “remediable service” has the meaning given in section 39 of PSPJOA 2022;]

“retires” has the meaning given by regulation 3(3) and cognate expressions are to be construed accordingly;

[F15 “service credit day” has the meaning given in regulation 4(3A);]

[F15 “service credit day multiplier” means 0.67 where the relevant office is that of Deputy Adjudicator HM Land Registry, and otherwise—

(a)

0.5 where the member’s appointment to a relevant office is before 1 October 2002, and

(b)

0.53 where the member’s appointment to a relevant office is on or after 1 October 2002;]

[F15 “service limitation date” in relation to an office means a date specified in Schedule 1 in relation to that office after which service may count as qualifying fee-paid service;]

F16 ...

F16 ...

F16 ...

F16 ...

“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007 F17 .

(2) Where a calculation performed under these Regulations—

(a) results in an amount containing a fraction of £1, the amount is to be rounded up to the next whole £1,

(b) results in a period containing a fraction of a year, the period is to be given to four decimal places.

Textual Amendments

F1 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(a)

F2 S.I. 1995/639.

F3 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(b)

F4 Words in reg. 2(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(a)

F5 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(b)

F6 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(c)

F7 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(c)

F8 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(d)

F9 2004 c.12. Section 216 was amended by paragraphs 31 and 42 of Schedule 10 to the Finance Act 2005 (c.7); paragraph 30 of Schedule 23 to the Finance Act 2006 (c.25); paragraphs 1, 4 and 5 of Schedule 29 to the Finance Act 2008 (c.9); paragraphs 62 and 73 of Schedule 16 to the Finance Act 2011 (c.11); paragraph 16 of Schedule 1 and paragraph 21 of Schedule 2 to the Taxation of Pensions Act 2014 (c.30); paragraph 4 of Schedule 4 to the Finance Act 2015 (c.11).

F10 The definition of “guaranteed minimum pension” in Schedule 2 to the Judicial Pensions and Retirement Act 1993 was amended by paragraph 46 of Schedule 8 to the Pension Schemes Act 1993 (c.48), and paragraph 43 to Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c.49).

F11 Words in reg. 2(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(e)

F12 Subsection (3A) was inserted, with subsections (3B) to (3E), by S.I. 2006/497.

F13 2004 c. 12.

F14 Words in reg. 2(1) inserted (5.7.2023) by The Judicial Pensions (Remediable Service etc.) Regulations 2023 (S.I. 2023/766), reg. 1(b), Sch. para. 3(2)(d)

F15 Words in reg. 2(1) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(f)

F16 Words in reg. 2(1) omitted (1.4.2023) by virtue of The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 3(g)

F17 2007 c. 3.

Judicial office, retirement and partial retirement U.K.

3.—(1) In these Regulations—

(a) “judicial office” means an office specified in column 1 of [F18 any of the tables in Schedule 1] (“a specified office”), an office which has been replaced by a specified office, or an office specified in Schedule 1 to the Judicial Pensions and Retirement Act 1993 F19 ;

(b) “fee-paid judicial office” means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary).

(2) For the purposes of these Regulations, a fee-paid judicial office held by a person (“P”) is an “eligible fee-paid judicial office” if P satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office.

(3) For the purposes of these Regulations, P “retires” at the time when P, having held one or more judicial offices—

(a) ceases to hold all such offices, other than by reason of P's death; and

(b) is not immediately afterwards appointed to another judicial office.

(4) In these Regulations, a reference to a member taking “partial retirement” in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2).

Textual Amendments

F18 Words in reg. 3(1)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 4

F19 Schedule 1 was amended by paragraphs 39 and 40 of Schedule 11 to the Access to Justice Act 1999 (c.22); section 37 of, and paragraphs 226 and 229 of Schedule 4 to the Constitutional Reform Act 2005 (c.4); S.I. 2015/109.

Qualifying fee-paid days and qualifying fee-paid service U.K.

4.—(1) For the purposes of these Regulations, a day (“ the relevant day”) is a “qualifying fee-paid day” worked by a member (“P”) in an eligible fee-paid judicial office, if—

(a) P received a fee, in P's capacity as the holder of that fee-paid judicial office, in respect of the relevant day; and

(b) the following conditions are met.

(2) The conditions are—

(a) that P is not an opted-out member of the principal scheme on the relevant day;

(b) that the relevant day is on or after [F20 any service limitation date specified in Schedule 1 in relation to the fee-paid judicial office,];

[F21 (ba) that the relevant day was not worked by P in an eligible fee-paid judicial office before 31st March 1995, where P had a new appointment, as that term is defined in regulation 11B(2), before 31st March 1995, unless the retirement benefits in relation to that new appointment are to be calculated under the post-1995 provisions or are in relation to JUPRA service;]

(c) that P is not eligible to be a member of the pension scheme established by the Judicial Pensions Regulations 2015 F22 in relation to the relevant day.

(3) In these Regulations “qualifying fee-paid service”, in relation to an eligible fee-paid judicial office held by P, means [F23 (subject to paragraphs (3B) and (4))] the total number of qualifying fee-paid days worked by P in that office.

[F24 (3A) A service credit day is a day worked by P on or before the service limitation date applicable to an eligible fee-paid judicial office.

(3B) Any service credit days are taken into account in determining P’s qualifying fee-paid service under paragraph (3) after multiplying the number of service credit days by the service credit day multiplier in relation to that office.]

(4) Where the fee paid to P in respect of a qualifying fee-paid day was not paid at the full daily rate for the fee-paid judicial office in question but at a proportion of that rate, only that proportion of the qualifying fee-paid day is to be taken into account [F25 under paragraph (3)] in determining P's qualifying fee-paid service.

[F26 (4A) Where P first held an eligible fee-paid judicial office specified in Tables 1 or 2 of Schedule 1 before 31st March 1995, and benefits in relation to that office are to be calculated under the post-1995 provisions, for the purposes of determining P’s qualifying fee-paid service, a multiplier of 1.25 is to be applied to the number of qualifying fee-paid days before the date of any new appointment, as that term is defined in regulation 11B(2), or to the number of qualifying fee-paid days on or before the date any election under regulation 11C takes effect.]

(5) For the purposes of this regulation, “fee” does not include statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay.

(6) Where at any time after 1st April 2010 P takes maternity leave during P's appointment to an eligible fee-paid judicial office P's qualifying fee-paid service is to be increased by adding Z days in relation to each period of maternity leave taken by P after that date, where Z is determined in accordance with the following formula—

where—

a

W is the number of weeks of P's maternity leave;

b

A is the number of qualifying fee-paid days worked by P in the twelve months ending with the day before the fifteenth week before the date notified by P to the Ministry of Justice as P's expected date of childbirth.

(7) For the purposes of paragraph (6), “maternity leave” includes compulsory maternity leave and ordinary maternity leave as defined in section 213 of the Equality Act 2010 F27 .

Textual Amendments

F20 Words in reg. 4(2)(b) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(a)(i)

F21 Reg. 4(2)(ba) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(a)(ii)

F22 S.I.2015/182.

F23 Words in reg. 4(3) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(b)

F24 Reg. 4(3A)(3B) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(c)

F25 Words in reg. 4(4) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(d)

F26 Reg. 4(4A) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 5(e)

F27 2010 c.15.

Reckonable service U.K.

5.—(1) In these Regulations, “ reckonable service”, in relation to an eligible fee-paid judicial office (“the relevant office”) held by a member (“P”), means the period, expressed in years and any fraction of a year, determined in accordance with the following formula—

where—

(a)

M is P's qualifying fee-paid service in the relevant office;

(b)

N is the annual divisor for that office specified in [F28 column 2 of the appropriate table in Schedule 1].

(2) But where P's reckonable service in relation to the relevant office, as determined under paragraph (1), is greater than the maximum amount in relation to that office, P's reckonable service is instead that maximum amount.

(3) Paragraph (4) applies where, on the reckonable service date, the only eligible fee-paid judicial office in which P has qualifying fee-paid service is the relevant office.

(4) The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

(5) Paragraph (6) applies where—

(a) on the reckonable service date, P has qualifying fee-paid judicial service in more than one eligible fee-paid judicial offices, but

(b) the relevant office is the only such office that P holds on that date.

(6) The maximum amount in relation to the relevant office is the amount determined in accordance with the formula—

(7) Paragraph (8) applies where P ceases to hold one or more eligible fee-paid judicial offices on the reckonable service date.

(8) The maximum amount in relation to each of those eligible fee-paid judicial offices is to be calculated separately by taking the following steps.

• Step 1

  Calculate the maximum amount for the eligible fee-paid judicial office with the highest appropriate annual salary in accordance with the formula—

  

• Step 2

  Calculate the maximum amount for each of the other eligible fee-paid judicial offices in turn, taking the judicial office [F29 whose inclusion would result in a higher annual rate of pension per year of reckonable service taken into account before judicial offices whose inclusion would result in a lower annual rate of pension per year of reckonable service taken into account], in accordance with the formula—

  

(9) For the purposes of this regulation, A is—

(a) where P is not entitled to a pension under Part 1 of the Judicial Pensions and Retirement Act 1993 on the reckonable service date and will not become entitled to such a pension at any time after that date, nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's service in qualifying judicial office (within the meaning of that Part of that Act), and

(ii) 20.

(10) For the purposes of this regulation, B is—

(a) where—

(i) A is 20, or

(ii) P has not, before the reckonable service date, ceased to hold an eligible fee-paid judicial office in respect of which P has taken partial retirement,

nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's reckonable service in eligible fee-paid judicial offices which P ceased to hold before the reckonable service date and in respect of which P has taken partial retirement, and

(11) For the purposes of this regulation, C is—

(a) where , nil;

(b) otherwise, the smaller of—

(i) the aggregate length of P's reckonable service in the eligible fee-paid judicial offices which P ceased to hold on the reckonable service date for which the maximum amount of P's reckonable service has already been calculated under paragraph (8), or

[F30 (12) For the purposes of paragraphs (10)(b)(i) and (11)(b)(i)—

(a) the aggregate length of P’s reckonable service in the eligible fee-paid judicial offices is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply; and

(b) for any office which is specified in Tables 1 or 2 of Schedule 1 in relation to which benefits are to be calculated under the pre-1995 provisions, the following reckonable service in that office is to be multiplied by 20 and divided by 15 to give the amount of P’s reckonable service in that office—

(i) any reckonable service in relation to which benefits are to be calculated under the pre-1995 provisions,

(ii) any reckonable service before the date P had a new appointment as that term is defined in regulation 11B(2), and

(iii) any reckonable service before the date a notice under regulation 11C has effect.]

(13) Where paragraph (6) or (8) do not permit all P's reckonable service to be taken into account, P's reckonable service in judicial offices [F31 which result in a higher annual rate of pension per year of reckonable service taken into account is to be taken into account before P’s reckonable service in judicial offices which result in a lower annual rate of pension per year of reckonable service taken into account].

(14) Where the maximum amount in relation to the relevant office would (apart from this paragraph) be negative, it is instead nil.

(15) In this regulation “the reckonable service date” means the day on which P ceases to hold the relevant office.

Textual Amendments

F28 Words in reg. 5(1)(b) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 6(a)

F29 Words in reg. 5(8) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 6(b)

F30 Reg. 5(12) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 6(c)

F31 Words in reg. 5(13) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 6(d)

Qualifying judicial service U.K.

6.—(1) In these Regulations, “ qualifying judicial service”, in relation to a member (“P”), means the period during which P holds a judicial office.

(2) For the purposes of determining P's qualifying judicial service—

(a) it does not matter whether P holds a judicial office before or after the commencement day;

[F32 (aa) it does not matter whether P holds a judicial office on or before any service limitation date applicable to that office;]

(b) where there is more than one period during which P holds a judicial office, all such periods are to be aggregated;

(c) where P holds more than one judicial office during any period, the period is to be counted only once;

(d) any period during which P is an opted-out member of the principal scheme is to be disregarded; and

(e) any period during which P held a fee-paid judicial office which is not an eligible fee-paid judicial office is to be disregarded.

Textual Amendments

F32 Reg. 6(2)(aa) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 7

Appropriate annual salary U.K.

7.—(1) References in these Regulations to “the appropriate annual salary” of a judicial office (“the relevant judicial office”) held by a member (“P”), are to be construed in accordance with paragraphs (2) and (3).

(2) Where the relevant judicial office is a fee-paid judicial office, the references are to the amount determined in accordance with the following formula—

where—

a

F is the higher of—

(i)

the highest daily fee payable to a holder of that office within the period of 3 years ending with—

(aa)

where P takes partial retirement in relation to the relevant judicial office, the day on which P takes partial retirement,

(bb)

otherwise, the day on which P retires, or

(ii)

the daily fee in relation to the period referred to in paragraph (i) which has been determined by an employment tribunal or accepted by the appropriate Minister to be payable to a holder of that office; and

b

N is the annual divisor for that office specified in column 2 of [F33 the appropriate table in Schedule 1].

(3) Where the relevant judicial office is a salaried judicial office [F34 and benefits are to be calculated under the post-1995 provisions], the references are to the highest salary payable to P in respect of any continuous period of 12 months falling within the period of 3 years ending with—

(a) where P takes partial retirement in relation to the relevant judicial office, the day on which P takes partial retirement,

(b) otherwise, the day on which P retires.

[F35 (3A) Where the relevant judicial office is a salaried judicial office and benefits are to be calculated under the pre-1995 provisions, the references are to the last annual salary as that expression applies for the purposes of the Judicial Pensions Act 1981.]

(4) In determining the highest daily fee payable to the holder of a judicial office, no account is to be taken of—

(a) a daily fee which is only payable to a single holder of a particular office at that time, unless that fee was payable to P in respect of the office in question,

(b) any amount added to the fee by way of a London weighting, unless P was at any time in the period referred to in paragraph (2)(a)(i) entitled to a London weighting in respect of the office in question.

(5) In this regulation—

(a) for the purposes of paragraph (2)(a), First-tier Tribunal Judges holding office in different chambers of the First-tier Tribunal are to be treated as holding different judicial offices (but P is not to be treated as taking partial retirement from a relevant office if P leaves a chamber of the First-tier Tribunal, if P continues to be a First-tier Tribunal Judge);

(b) “salaried judicial office” means a judicial office held by a person which is remunerated by payment of a salary.

Textual Amendments

F33 Words in reg. 7(2)(b) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 8(a)

F34 Words in reg. 7(3) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 8(b)

F35 Reg. 7(3A) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 8(c)