The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Annual rate of preserved pensionU.K.

This section has no associated Explanatory Memorandum

18.—(1) The annual rate of a pension to which [F2P] is entitled under regulation 17 is determined under paragraph (3) or (5) (whichever applies).

(2) Paragraph (3) applies where, on retirement—

(a)P has reckonable service in one or more eligible fee-paid judicial offices, and

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

(3) The annual rate [F3for any relevant office] is determined in accordance with the following formula—

where—

a

R is the maximum amount of reckonable service which P would be able to accrue [F4in the relevant offices] if P continued [F5to hold those offices] until the date on which P reaches normal pension age, assuming that P would have accrued reckonable service each year until that date equal to—

where—

i

N is the reckonable service which P accrued [F6in the relevant offices] before the date on which P retired, calculated under regulation 5(1) as though regulation 5(2) did not apply;

ii

Z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which P held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met;

b

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

c

Z has the meaning given in sub-paragraph (a)(ii);

d

Y is the period, expressed in years and any fraction of a year, beginning with the day on which P retired and ending with the day on which P reaches normal pension age.

(4) Paragraph (5) applies where—

(a)on retirement P has reckonable service in more than one eligible fee-paid judicial office F7..., and

(b)at any time before retirement, P held two or more [F8eligible fee-paid judicial] offices simultaneously.

[F9(5) The annual rate for any relevant office is determined by taking the following steps—

  • Step 1

    Determine the annual rate under paragraph (3) of this regulation, 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) of this regulation in relation to those relevant offices which P did not hold simultaneously with another fee-paid judicial office, and for these purposes, in paragraph (3)(b), 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 the rate determined under Step 1 and each of the rates determined under Step 2.]

(6) Paragraph (7) applies where—

(a)during one or more parts of the period for which P held [F10a 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.

(7) For the purposes of paragraph (5)—

(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 (6)(a), and accordingly, is taken into consideration in Step 1 in paragraph (5), and

(ii)the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in Step 2 in paragraph (5); 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.

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