The Judicial Pensions (Contributions) Regulations 2012

Statutory Instruments

2012 No. 516

Pensions

The Judicial Pensions (Contributions) Regulations 2012

Made

20th February 2012

Laid before Parliament

8th March 2012

Coming into force

1st April 2012

The Lord Chancellor, and in relation to any judicial office whose jurisdiction is exercised exclusively in Scotland, the Secretary of State, in exercise of the powers conferred by sections 8A(1), (6) and (7) of the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960(1), and sections 33ZA(1), (6) and (7) of the Judicial Pensions Act 1981(2), and sections 9A(1) and 29 of the Judicial Pensions and Retirement Act 1993(3), and with the concurrence of the Treasury, make the following Regulations:

Citation and commencement U.K.

1.  These Regulations may be cited as the Judicial Pensions (Contributions) Regulations 2012 and shall come into force on 1st April 2012.

Commencement Information

I1 Reg. 1 in force at 1.4.2012, see reg. 1

Interpretation U.K.

2.  In these Regulations—

“the 1960 Act” means the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960;

“the 1981 Act” means the Judicial Pensions Act 1981;

“the 1993 Act” means the Judicial Pensions and Retirement Act 1993.

Commencement Information

I2 Reg. 2 in force at 1.4.2012, see reg. 1

Rate of contributions U.K.

[F1 3.— (1) Contributions under—

(a) section 8A of the 1960 Act;

(b) section 33ZA of the 1981 Act, or

(c) section 9A of the 1993 Act,

must be made as follows.

(2) A person who, when their salary becomes due, has an annual salary of £150,000 or less must make contributions at a rate of 2.61% of their salary for the time being as it becomes due.

(3) A person who, when their salary becomes due, has an annual salary of more than £150,000 must make contributions at a rate of—

(a) 2.61% of their salary up to and including £150,000, and

(b) 4.43% of their salary in excess of £150,000,

for the time being as it becomes due.]

Textual Amendments

F1 Reg. 3 substituted (5.2.2016) by The Judicial Pensions (Contributions) (Amendment) Regulations 2016 (S.I. 2016/30), regs. 1, 2(2)

Periods for which no contributions are due U.K.

4.  No contribution shall be made by a person in respect of any period of service where no salary is paid to him or her.

Commencement Information

I3 Reg. 4 in force at 1.4.2012, see reg. 1

Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 U.K.

5.  Regulation 2.15 of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(4) shall be amended as follows.

Commencement Information

I4 Reg. 5 in force at 1.4.2012, see reg. 1

6.  After paragraph (3) insert—

“(4) But contributions made by the member in accordance with regulation 3 of the Judicial Pensions (Contributions) Regulations 2012 shall not be taken into account for the purposes of calculating the total contributions in paragraph (3)(b)(i) or (ii) of this regulation.”.

Commencement Information

I5 Reg. 6 in force at 1.4.2012, see reg. 1

Kenneth Clarke

Lord Chancellor

Ministry of Justice

8th February 2012

Michael Moore

One of Her Majesty’s Principal Secretaries of State

20th February 2012

We concur

Michael Fabricant

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd February 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the rate at which contributions are to be paid by members of judicial pension schemes established in accordance with the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960; the Judicial Pensions Act 1981 and the Judicial Pensions and Retirement Act 1993. The rate set by the Regulations is 1.28% of current salary.

Regulation 6 amends the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995. It ensures that contributions made under the Judicial Pensions (Contributions) Regulations 2012 are not taken into account for the purposes of calculating the maximum amount of contributions that may be made by a member of the judicial additional voluntary contributions scheme constituted in accordance with the Judicial (Additional Voluntary Contributions) Regulations 1995 in any one tax year.

(1)

1960 c. 2 (N.I.); amended by the Pensions Act 2011 (c.19) and Schedule 5, paragraph 2; citation of the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 is amended by S.R. (NI) 2008/154.

(2)

1981 c. 20; amended by the Pensions Act 2011 (c.19) and Schedule 5, paragraph 2.

(3)

1993 c.8; amended by the Pensions Act 2011 (c.19), section 34(1).

(4)

S.I. 1995/639 amended by S.I. 2006/747.