The Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Contributions) (Amendment) Regulations 2020

Statutory Instruments

2020 No. 386

Public Service Pensions

The Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Contributions) (Amendment) Regulations 2020

Made

30th March 2020

Coming into force

1st April 2020

The Lord Chancellor, as the appropriate Minister within the meaning of section 30(1) of the Judicial Pensions and Retirement Act 1993(1) (“the 1993 Act”), and the Secretary of State, as the appropriate Minister within the meaning of that section, make the following Regulations in exercise of the powers conferred by section 18A of the 1993 Act(2).

The Lord Chancellor also makes these Regulations in exercise of the powers conferred by sections 1 and 3 of, and paragraph 9 of Schedule 3 to, the Public Service Pensions Act 2013(3) (“the 2013 Act”).

In accordance with section 22(2)(a) of the 2013 Act, the Lord Chancellor has consulted representatives of such persons as appear to him likely to be affected by these Regulations with a view to reaching agreement with them. In accordance with paragraph 2(2) of Schedule 2 to the 2013 Act, the Lord Chancellor has consulted the Secretary of State.

In accordance with section 22(2)(b) of the 2013 Act, the Lord Chancellor has laid a report before Parliament.

In accordance with section 3(5) of the 2013 Act, these Regulations are made with the consent of the Treasury.

In accordance with section 29(2A) of the 1993 Act(4) and section 24(1)(c) of the 2013 Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Contributions) (Amendment) Regulations 2020 and come into force on 1st April 2020.

Amendment to the Judicial Pensions Regulations 2015

2.  In regulation 124 of the Judicial Pensions Regulations 2015(5)—

(a) in paragraph (4)—

(i) for “a table set out in” substitute “the table at the end of”;

(ii) for “the table” substitute “column 2 of the table”;

(iii) after “rate of pensionable earnings” insert “(see column 1 of the table)”;

(b) after paragraph (4) insert—

“(4A) The figures in column 1 of the table (except for the figures of £150,001) are increased on 1st April 2021 and on 1st April of each subsequent scheme year, if there is a relevant increase in the consumer prices index, by the appropriate percentage for the scheme year, rounded up to the nearest £1.

(4B) There is a relevant increase in the consumer prices index for a scheme year if the consumer prices index for the month of September before that scheme year is higher than that for the previous September.

(4C) The appropriate percentage for the scheme year is the same percentage as the percentage increase in the consumer prices index.”;

(c) after paragraph (8) insert—

“(9) In this regulation, “consumer prices index” means the all items consumer prices index published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007(6).”;

(d) for the tables at the end substitute—

“Contributions table for scheme year 1st April 2020 to 31st March 2021

Column 1 Annualised rate of pensionable earnings	Column 2 Member contributions rate
Up to but not including £22,005	4.6%
£22,005 to but not including £52,392	5.45%
£52,392 to but not including £150,001	7.35%
£150,001 and above	8.05%”.

Amendment to the Judicial Pensions (Fee-Paid Judges) Regulations 2017

3.—(1) The Judicial Pensions (Fee-Paid Judges) Regulations 2017(7) are amended as follows.

(2) In regulation 62—

(a) in paragraph (2) after “the fee” insert “(see column 1 of the table)”;

(b) in paragraph (3) after “the fee” insert “(see column 1 of the table)”;

(c) after paragraph (3) insert—

“(3A) The figures in column 1 of the table in regulation 63 (except for the figures of £150,001) are increased on 1st April 2021 and on 1st April of each subsequent fee year, if there is a relevant increase in the consumer prices index, by the appropriate percentage for the fee year, rounded up to the nearest £1.

(3B) There is a relevant increase in the consumer prices index for a fee year if the consumer prices index for the month of September before that fee year is higher than that for the previous September.

(3C) The appropriate percentage for the fee year is the same percentage as the percentage increase in the consumer prices index.”;

(d) in paragraph (7)—

(i) for “this regulation” substitute—

“this regulation—

(a) “consumer prices index” means the all items consumer prices index published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007(8);”;

(ii) the definition of “the relevant fee year” becomes sub-paragraph (b).

(3) For regulation 63 substitute—

“Contribution rates for fee years

63.   The table for the fee year 1st April 2020 to 31st March 2021 is—

Contributions table for fee year 1st April 2020 to 31st March 2021

Column 1 Annualised fees	Column 2 CContribution (personal)	Column 3 Contribution (dependants’)
Up to but not including £22,005	0.96%	1.80%
£22,005 to but not including £52,392	1.47%	1.80%
£52,392 to but not including £150,001	2.61%	1.80%
£150,001 and above	4.43%	0%”.

We consent to the making of these Regulations

David Rutley

Maggie Throup

Two of the Lords Commissioners of Her Majesty’s Treasury

25th March 2020

Signed by authority of the Lord Chancellor

Alex Chalk

Parliamentary Under Secretary of State

Ministry of Justice

30th March 2020

Signed by the Secretary of State for Scotland

Alister Jack

Secretary of State

Scotland Office

30th March 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Judicial Pensions Regulations 2015 (S.I. 2015/182) (“the 2015 Regulations”) and the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522) make provision for the contributions payable by members of both schemes constituted by those Regulations.

These Regulations provide that the contribution rates currently applicable for both schemes are to continue to apply from 1st April 2020 onwards. New earning thresholds (except for £150,001 and above) are set for those contribution rates from 1st April 2020 in line with the increase of the consumer prices index in September 2019 published by the Statistics Board. Those earning thresholds (except for £150,001 and above) will continue to uprate in April of each year in line with increases in the consumer prices index of the previous September.

Since these Regulations involve a change to a protected element of the scheme constituted by the 2015 Regulations, the Lord Chancellor has consulted representatives of those likely to be affected by the change with a view to reaching agreement with them and has laid a report before Parliament as required by section 22 of the Public Service Pensions Act 2013 (c. 25).

The executive function of the Statistics Board is known as the Office of National Statistics (ONS) and the monthly all items consumer prices index is available on its website at www.ons.gov.uk. The contact details for the ONS are as follows, address: Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG and telephone number: 0845 601 3034.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1993 c. 8.

(2)

Section 18A was inserted by section 78(1) of the Pension Schemes Act 2015 (c. 8).

(3)

2013 c. 25; the Lord Chancellor is the responsible authority for making scheme regulations for the judiciary as set out in section 2 and paragraph 2(1) of Schedule 2.

(4)

Subsection (2A) was inserted into section 29 by paragraph 8(3) of Schedule 5 to the Pension Schemes Act 2015.

(5)

S.I. 2015/182, amended by S.I. 2019/781; there are other amending instruments but none is relevant.

(6)

2007 c. 18.

(7)

S.I. 2017/522, amended by S.I. 2019/781; there are other amending instruments but none is relevant.

(8)

2007 c. 18.