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44 provisions
Title and introductory text
This Statutory Instrument contains corrections to errors in S.I. 2022/319 and S.I. 2017/522 as amended by S.I. 2023/403 and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 1358
PUBLIC SERVICE PENSIONS
The Judicial Pensions (Amendment) Regulations 2024
Made
16th December 2024
Coming into force
17th December 2024
The Lord Chancellor, in relation to judicial offices for which the Lord Chancellor is the appropriate Minister within the meaning of section 30 of the Judicial Pensions and Retirement Act 1993 (“JUPRA”) and the Secretary of State in relation to judicial offices for which the Secretary of State is the appropriate Minister within the meaning of section 30 of JUPRA, make the following Regulations in exercise of the powers conferred by section 18A and 29(3) of JUPRA.
The Lord Chancellor also makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2)(b), 2(1) (as read with paragraph 2(1) of Schedule 2), 3(1) to (3), 11(1)(a), 12(1), (1A), (6), (7), 12A(1) and (3) of, and paragraph 2 of Schedule 1, and Schedule 3 to, the Public Service Pensions Act 2013 (“the 2013 Act”).
In accordance with section 21 of, and paragraph 2(2) of Schedule 2 to, the 2013 Act, the Lord Chancellor has consulted the Secretary of State and such persons (or representatives of such persons) as appear to the Lord Chancellor likely to be affected by these Regulations.
In accordance with section 3(5) of the 2013 Act, the Lord Chancellor has obtained the consent of the Treasury before making these Regulations.
The Lord Chancellor has had regard to the matters referred to in section 5(3) of the 2013 Act.
A draft of this instrument has been laid before and approved by a resolution of each House of Parliament pursuant to section 29(2A) of JUPRA and section 24(1) of the 2013 Act.
(1) These Regulations may be cited as the Judicial Pensions (Amendment) Regulations 2024 and come into force on the day after the day on which they are made.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
2 Insertion of new Part into the Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023
After Part 3 (Benefits in respect of periods before amendment day) insert —
Part 3A Benefits in respect of periods after amendment day
Benefits in respect of period after amendments
70A (1) This Part applies where—
(a) a member (“P”) retired, or died without retiring; and
(b) approximated amounts of pension were paid to P after the amendment day in respect of P’s retirement or death under arrangements made for the purpose of providing benefits after the amendment day corresponding to an anticipated increase in benefits (including an increase from zero) payable under the principal scheme as a consequence of amendments made by these Regulations.
(2) In this Part, expressions defined for the purpose of the 2017 Regulations have the same meaning as in those Regulations.
Meaning of “approximated pension payments amount” and “post-amendment day benefits increase amount”
70B In this Part—
(a) the “approximated pension payments amount” means the total amount of pension that was paid to a person under arrangements made for the purpose of providing increased benefits after the amendment day in respect of P’s retirement or death under the principal scheme in lieu of benefits being finally calculated in accordance with the principal scheme;
(b) the “post-amendment day benefits increase amount” means the total amount of the increase in benefits under the principal scheme that would have been payable after the amendment day in respect of P’s retirement or death, after deduction of any contributions that would have been payable, as a consequence of amendments made by these Regulations, if those benefits had been finally calculated in accordance with the principal scheme on the day before the day on which P retired or died without having retired.
Additional payment where no or insufficient approximated pension payments made
70C (1) Paragraph (2) applies where the approximated pension payments amount in relation to a person is less than the post-amendment day benefits increase amount.
(2) The administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1).
Repayment of any excess approximated pension payments
70D (1) Paragraph (2) applies where the approximated pension payments amount in relation to a person is greater than the post-amendment day benefits increase amount.
(2) The administrators may recover the difference between the two amounts mentioned in paragraph (1) from the person, including by way of deduction from any benefits to which P is entitled under the principal scheme, including in such instalments from payments of retirement pension as the administrators may determine.
.
After regulation 7 (qualifying judicial office) insert—
Qualifying judicial offices with retrospective entitlements
7A (1) Where an office, as specified in an order made under paragraph 2 of Schedule 1 to the Act, has a corresponding entitlement start date under paragraph (2), then:
(a) that office is deemed to have been a qualifying judicial office from that entitlement start date for the purpose of these Regulations subject to paragraph 7; and
(b) the holder of that office is entitled from the office’s entitlement start date to the date on which the office was specified in the order referred to in paragraph (1) (the “retrospective entitlement period”) to the pension and other benefits conferred by these Regulations subject to paragraph 7.
(2) The following office has the following entitlement start date: Member (Chair Only) First-tier Tribunal (Social Entitlement Chamber) Criminal Injuries Compensation, 1 April 2022.
(3) The holder of an office to which paragraph (1) applies must pay to the scheme contributions in respect of service carried out during their retrospective entitlement period (“previous service contributions”) as calculated under paragraph (4).
(4) The member’s previous service contributions are to be calculated as follows—
Step 1
Find the member’s pensionable earnings as set out under regulation 16 for each scheme year.
Step 2
Multiply the member contributions rate as calculated under regulation 105 by the pensionable earnings for each scheme year.
Step 3
Add together the amounts calculated under Step 2.
(5) Except to the extent that the previous service contributions have already been paid, where possible they must be paid:
(a) by way of a lump sum at any time during the period of 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree); or
(b) by way of deductions by the member’s employer from the member’s pensionable earnings for each pay period, as may be specified in an agreement between the member and the scheme manager.
(6) Where it is not possible to pay the previous service contributions under paragraph (5), they must be paid by way of a deduction from—
(a) pension payments under Part 6 of these Regulations in such instalments as the scheme manager considers appropriate;
(b) the lump sum (if one is payable under regulations 60 or 61 of these Regulations) paid on retirement;
(c) where a member dies before retiring, the lump sum payable under regulation 93 of these Regulations; or
(d) if applicable, the transfer value payment under Chapter 2 of Part 10 of these Regulations.
(7) The holder of an office to which paragraph (1) applies may opt out in relation to all or part of the retrospective entitlement period by sending a notice (an “opt-out notice”) to the scheme manager, in a form required by the scheme manager, within 6 months beginning with the date on which the office is specified in the order referred to in paragraph (1) (or by such later date as the scheme manager may agree).
(8) Where the holder of an office sends an opt-out notice to the scheme manager under paragraph (7), that person is treated as always having been an opted-out member in relation to all or part of the retrospective entitlement period.
.
In regulation 62 (commutation supplement)—
(a) in paragraph (1)(b), for “61(3)” substitute “60(1)”; and
(b) in paragraph (2)(a), for “61(3)” substitute “60(1)”.
In regulation 84(6) (annual rate of surviving adult’s pensions payable on death of active member), in paragraph (b) of the definition of “Y”, at the end insert— “. Where this figure is 0, a value of 0.083 will be applied”.
After regulation 117 (appointment of scheme actuary and actuarial valuations) insert—
Employer Cost Cap
117A (1) The employer cost cap for this scheme is 33.1% of pensionable earnings for members of this scheme.
(2) If the cost of this scheme goes beyond the margin either side of the employer cost cap for this scheme specified in regulations under section 12(5)(a) (employer cost cap) of the Act, the Lord Chancellor must consult the scheme advisory board and such persons as appear likely to be affected by any steps that may be taken, with a view to reaching agreement with the relevant heads of jurisdiction on the steps required to achieve the target cost for this scheme.
(3) If, following such consultation, agreement is not reached, the percentage of the member’s pensionable earnings specified in regulation 30(3) as the amount of earned pension for a scheme year must be adjusted for pensionable earnings after the date of adjustment, so that the target cost for this scheme is achieved.
(4) In this regulation—
(a) “cost of this scheme” means the cost of this scheme calculated following a valuation in accordance with regulation 117;
(b) “target cost for this scheme” means the target cost for this scheme specified in regulations under section 12(5)(b) (employer cost cap) of the Act.
.
In regulation 2(1) (interpretation), in the definition of “service credit day multiplier”, after “the HM Land Registry,” insert— “0.00 where the relevant office is that of Judge of the Consumer Credit Appeal Tribunal or Judge of the Estate Agents Appeal Tribunal,”.
In regulation 9 (opted out members and active members), after paragraph (2A) insert—
(2B) If P became a member as a consequence of amendments made to these Regulations pursuant to the Judicial Pensions (Amendment) Regulations 2024 and opts out within the period of 7 months beginning with the day on which the Judicial Pensions (Amendment) Regulations 2024 came into force, P is treated as always having been an opted-out member.
.
In regulation 11C(2)(b) (elections available to members)—
(a) omit “, if P has retired or died before this regulation came into force,”;
(b) for “12”, in the second place that it occurs, substitute “48”;
(c) after “the amendment day” insert— “, whichever is the later”.
In regulation 55 (calculation of pre-commencement dependants’ contributions amounts)—
(a) in paragraph (1), after “under paragraph (2)” insert “, (2A)”;
(b) in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995”;
(c) after paragraph (2) insert—
(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that references to column 3 should be read as column 4.
.
In regulation 55A (calculation of initial pre-commencement dependants’ contributions amount)—
(a) in paragraph (1), after “under paragraph (2)” insert “, (2A)”;
(b) in paragraph (2), after “Schedule 1” insert “where the office was first held before 31st March 1995”;
(c) after paragraph (2) insert—
(2A) For an office specified in Table 1 or Table 2 of Schedule 1 where the office was first held on or after 31st March 1995, paragraph (2) applies with the exception that the reference to column 3 should be read as column 4.
.
In regulation 58A (payment of initial pre-commencement contributions)—
(a) in paragraph (1)(a), for “of 6 months beginning with 1st April 2023” substitute “ending with 1st April 2027, or by such later date as the administrators consider reasonable in all the circumstances”;
(b) in paragraph (5), for “Regulation 65 applies” substitute “Regulations 65, 66, 67 and 68 apply” and for “regulations 54A and 55A” substitute “regulation 55A”.
In regulation 62(3ZA) (amount of contribution)—
(a) after “Schedule 1” insert “and that office was first held before 31st March 1995”;
(b) after “the relevant column is column 3”, insert “; if the fee was for an office specified in Table 1 or Table 2 of Schedule 1 and that office was first held on or after 31st March 1995, the relevant column is column 4”.
In regulation 69A(7) (commutation of small pensions), in paragraph (a) of the definition of “the commutation provisions”, for “Part 8” substitute “Chapter 2 of Part 2B or Part 6 of these Regulations”.
In regulation 107(3) (contributions by retired FPJAYS members), in paragraph (b) of the formula, at the end, insert “and, where regulation 4(4A) applies for the purposes of determining P’s qualifying fee-paid service, disapplying the multiplier of 1.25”.
In regulation 128A(1) (interpretation of the Fee-Paid Judicial Added Benefits Scheme (“FPJABS”))—
(a) omit the definition of “PRS”;
(b) after the definition of “unretired FPJABS member” insert—
“WS” has the meaning given in regulation 128B.
.
(1) In the heading to regulation 128B (determination of PRS value for use in this Part), for “PRS value” substitute “WS and RS values”.
(2) in regulation 128B—
(a) for paragraph (1) substitute—
(1) In this Part, WS means a value derived using the appropriate annual salary values for each eligible fee-paid office in which the member has reckonable service (in accordance with paragraphs (5), (7) or (9) as appropriate) for which entitlements are to be calculated under the pre-1995 provisions.
;
(b) in paragraph (2), in the opening words, before “RS” insert “In this Part, ”;
(c) omit paragraphs (3) and (4);
(d) in paragraph (11), for “the values of RS, WS and JS” substitute “WS”.
In regulation 128D(2) (assumed dates etc.), at the end, insert “and after the commencement of the member’s reckonable service for which benefits are to be calculated under the pre-1995 provisions”.
(1) In the heading to regulation 128J (cost of added units of benefit for retired FPJABS members), for “Cost of” substitute “Contribution required for”.
(2) In regulation 128J(1)—
(a) for “cost of” substitute “contribution required for”; and
(b) in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”.
(1) In the heading of regulation 128K (cost of added units of benefit for unretired FPJABS members), for “Cost of” substitute “Annual contribution rate for”.
(2) In regulation 128K(1)—
(a) for “cost of” substitute “annual contribution rate for”;
(b) in the definition of “A”, for “the first table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”; and
(c) after the definition of “B”, for the words from “PRS is to be determined as if—” to the end, substitute “WS is to be determined as if references to the member’s retirement were instead references to the assumed contributions commencement date.”.
In regulation 128N(2) (refund of contributions: family benefits), in the definition of “A”, for “the appropriate table in Schedule 3 to the 1995 Regulations” substitute “Schedule 4”.
In regulation 128R(2) (conversion of added years into added units of benefit)—
(a) for the definition of “D” substitute—
D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at:
(i) retirement in respect of retired members; and
(ii) the assumed retirement date under Part 13 in respect of unretired members;
;
(b) after the definition of “D”, omit the words from “For the purpose of the definition of D” to “the appropriate annual salary of the office concerned”.
In regulation 128S (variation of added units of benefit after conversion under regulation 128R)—
(a) in paragraph (2)(b), for “2024” substitute “2027”;
(b) in paragraph (7)(b), for “2024” substitute “2027”.
In regulation 128T (variation of added years purchase upon notice by member)—
(a) in paragraph (2), for “2024” substitute “2027”;
(b) in paragraph (8), for “2024” substitute “2027”.
In regulation 128V (variation of existing JASAPS purchase upon notice by member)—
(a) in paragraph (2), for “2024” substitute “2027”;
(b) in paragraph (8), for “2024” substitute “2027”.
In regulation 128X(2) (conversion of units of benefit into added years)—
(a) for the definition of “D” substitute—
D is the appropriate service credit figure, specified in Schedule 5, determined by reference to the age of the member at the member’s last birthday at:
(i) retirement in respect of retired members; and
(ii) the assumed retirement date under Part 14A in respect of unretired members.
;
(b) after the definition of “D”, omit the words from “For the purpose of the definition of D” to “a reference to the post-1995 provisions”.
(1) Table 4 of Schedule 1 is amended as follows.
(2) After the entry for “President of Welsh Tribunals” insert—
Legal Chair Agricultural Land Tribunal Wales | 220 | 30th June 2013
Deputy Legal Chair Agricultural Land Tribunal Wales | 220 | 30th June 2013
;
(3) After the entry for “First-tier Tribunal Judge (Property Chamber) Agricultural Land and Drainage” insert—
First-tier Tribunal Judge (Health, Education and Social Care Chamber) Primary Health Lists | 220 | 18th January 2010
;
(4) After the entry for “Legal Member Transport Tribunal” insert—
Judge of the Consumer Credit Appeal Tribunal | 220 | 1st September 2009
Judge of the Estate Agents Appeal Tribunal | 220 | 1st September 2009
.
After Schedule 3, insert Schedules 4 (personal benefits and family benefits percentage figures) and 5 (service credit figures), as set out in Schedules 1 and 2 respectively to these Regulations.