PART 5Miscellaneous

Judicial and public service pensions

78Pension scheme for fee-paid judges

1

In the Judicial Pensions and Retirement Act 1993, after Part 1 insert—

PART 1AFEE-PAID JUDGES

18APension scheme for fee-paid judges

1

The appropriate Minister may by regulations establish a scheme for the payment of pensions and other benefits to or in respect of fee-paid judges.

2

The scheme may make provision for payments to or in respect of a person in relation to the person's service before the scheme is established.

3

No benefits are to be provided under a new public service pension scheme in relation to service in relation to which benefits are to be provided under a scheme under this section.

New public service pension scheme” means a scheme under—

a

section 1 of the Public Service Pensions Act 2013, or

b

section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (c. 2).

4

The power under section 18(5) of the Public Service Pensions Act 2013 is to include power to provide for exceptions in the case of a person who—

a

served as a fee-paid judge before 1 April 2012, and

b

has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,

(and section 18(6) to (8) of the 2013 Act apply accordingly).

5

The power under section 18(5) of the Public Service Pensions Act (Northern Ireland) 2014 is to include power to provide for exceptions in the case of a person who—

a

served as a fee-paid judge before 1 April 2012, and

b

has been notified by the appropriate Minister that he or she will potentially be eligible for benefits under a scheme under this section in relation to that service,

(and section 18(7) to (9) of the 2014 Act apply accordingly).

6

Regulations under this section may, in particular, include provision corresponding or similar to—

a

any provision made by Part 1, section 20 or Schedule 2 or 2A;

b

any provision that may be made by regulations under Part 1, section 20 or Schedule 2 or 2A.

7

In this section—

  • judge” means a person who holds an office specified in the regulations;

  • fee-paid judge” means a judge whose service is remunerated by the payment of fees (as opposed to the payment of a salary).

2

Schedule 5 contains related amendments.