Public Service Pensions and Judicial Offices Act 2022
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Change 1
103 Power to make provision in relation to certain fee-paid judges
(1) Scheme regulations for a judicial scheme may make provision for the purpose of putting relevant fee-paid judges, so far as possible, in the position they would have been in if they had always been recognised as being full protection members of a judicial legacy scheme. (2) The provision that may be made under subsection (1) includes in particular— (a) provision about the amount of benefits to which a person is or was entitled in respect of pensionable service; (b) provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service; (c) provision about cases in which voluntary contributions have been paid to a judicial 2015 scheme (including provision under which rights to benefits referable to the contributions are retained in the judicial 2015 scheme); (d) provision about cases in which a person has transferred rights into a judicial 2015 scheme (including provision under which the rights are retained in the judicial 2015 scheme); (e) provision about cases in which a person has a partnership pension account; (f) provision about cases in which a person has partially retired; (g) provision enabling a scheme manager to pay amounts by way of compensation, including provision requiring an employer in relation to the scheme to reimburse the scheme manager for such amounts; (h) provision corresponding or similar to any provision of or made under— (i) section 53 (effective pension age payments); (ii) section 54 (transitional protection allowance); (iii) section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme); (iv) section 56 (powers to reduce or waive liabilities); (v) section 57 (pension credit members); (vi) section 61 (interest and process). (3) For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if— (a) on 31 March 2012— (i) P held a fee-paid judicial office, and (ii) did not hold a salaried judicial office, (b) on 1 April 2012, P was aged 55 or over, (c) at any time in the period beginning with 1 April 2012 and ending with the day before the relevant date, P held a salaried judicial office, and (d) either— (i) on the relevant date, P did not hold a fee-paid judicial office, or (ii) the condition in regulation 8(2)(a) of the judicial legacy fee-paid scheme (members) is not met in relation to P and the fee-paid judicial office mentioned in paragraph (a)(i). (4) In this section “full protection member”— (a) in relation to a judicial office within section 71(1)(a) or (b), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations 2015 (S.I. 2015/182) (see paragraph 1 of that Schedule), or (b) in relation to a judicial office within section 71(1)(c), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76) (see paragraph 1 of that Schedule). (5) In this section “the relevant date”— (a) in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012; (b) in relation to a judicial office within section 71(1)(c), means 1 February 2013. (6) Expressions used in this section have the same meaning as in Chapter 2.
103 Power to make provision in relation to certain fee-paid judges
(1) Scheme regulations for a judicial scheme may make provision for the purpose of putting relevant fee-paid judges, so far as possible, in the position they would have been in if they had always been recognised as being full protection members of a judicial legacy scheme. (2) The provision that may be made under subsection (1) includes in particular— (a) provision about the amount of benefits to which a person is or was entitled in respect of pensionable service; (b) provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service; (c) provision about cases in which voluntary contributions have been paid to a judicial 2015 scheme (including provision under which rights to benefits referable to the contributions are retained in the judicial 2015 scheme); (d) provision about cases in which a person has transferred rights into a judicial 2015 scheme (including provision under which the rights are retained in the judicial 2015 scheme); (e) provision about cases in which a person has a partnership pension account; (f) provision about cases in which a person has partially retired; (g) provision enabling a scheme manager to pay amounts by way of compensation, including provision requiring an employer in relation to the scheme to reimburse the scheme manager for such amounts; (h) provision corresponding or similar to any provision of or made under— (i) section 53 (effective pension age payments); (ii) section 54 (transitional protection allowance); (iii) section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme); (iv) section 56 (powers to reduce or waive liabilities); (v) section 57 (pension credit members); (vi) section 61 (interest and process). (3) For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if— (a) on 31 March 2012— (i) P held a fee-paid judicial office, and (ii) did not hold a salaried judicial office, (b) on 1 April 2012, P was aged 55 or over, (c) at any time in the period beginning with 1 April 2012 and ending with the day before the relevant date, P held a salaried judicial office, and (d) either— (i) on the relevant date, P did not hold a fee-paid judicial office, or (ii) the condition in regulation 8(2)(a) of the judicial legacy fee-paid scheme (members) is not met in relation to P and the fee-paid judicial office mentioned in paragraph (a)(i). (4) In this section “full protection member”— (a) in relation to a judicial office within section 71(1)(a) or (b), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations 2015 (S.I. 2015/182) (see paragraph 1 of that Schedule), or (b) in relation to a judicial office within section 71(1)(c), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76) (see paragraph 1 of that Schedule). (5) In this section “the relevant date”— (a) in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012; (b) in relation to a judicial office within section 71(1)(c), means 1 February 2013. (6) Expressions used in this section have the same meaning as in Chapter 2.
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