|
| |
| |
(a) | if the person has a personal retirement date under just one of |
| |
paragraphs 6 and 7 or has the same personal retirement date under |
| |
each of those paragraphs, “the special date” means that date; |
| |
(b) | if the person has a personal retirement date under each of those |
| |
paragraphs and those dates are different, “the special date” means |
| 5 |
the later of those dates. |
| |
(3) | Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the |
| |
following provisions of that section) as if it provided for the person to vacate |
| |
the relevant judicial office on the special date. |
| |
(4) | The special date is to be taken for the purposes of that section to be the |
| 10 |
compulsory retirement date for the relevant judicial office in the person’s |
| |
| |
Cases where retirement from existing office would be after age 70 |
| |
6 (1) | Sub-paragraphs (2) and (3) apply where, immediately before the relevant |
| |
| 15 |
(a) | held a qualifying office, and |
| |
(b) | was required to vacate the qualifying office on a day later than the |
| |
day on which he attains the age of 70. |
| |
(2) | The person’s personal retirement date under this paragraph is the later day |
| |
mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3). |
| 20 |
| |
(a) | there are two or more qualifying offices each of which is one that, |
| |
immediately before the relevant day, the person— |
| |
| |
(ii) | was required to vacate on a day later than the day on which |
| 25 |
he attains the age of 70, and |
| |
(b) | the later day mentioned in paragraph (a)(ii) is not the same for each |
| |
| |
| the person’s personal retirement date under this paragraph is the latest (or |
| |
later) of those later days. |
| 30 |
Cases where no requirement to retire from existing office |
| |
7 (1) | Sub-paragraph (2) applies where— |
| |
(a) | immediately before the relevant day, the person held, on an |
| |
unlimited basis, a qualifying office or two or more qualifying offices, |
| |
| 35 |
(b) | the relevant day falls after the day on which the person attains the |
| |
| |
(2) | The person’s personal retirement date under this paragraph is the last day |
| |
of the 12 months beginning with the day after the relevant day. |
| |
(3) | For the purposes of this paragraph, a person holds an office on an unlimited |
| 40 |
basis at a particular time if at that time he is not required to vacate the office |
| |
at any particular later time. |
| |
| |
| |
|
| |
| |
Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in |
| |
cases where office held on 30th March 1995 |
| |
| |
(a) | sub-paragraph (2) of paragraph 2 of Schedule 7 to the 1993 Act |
| |
(transitional provision where person held salaried relevant office on |
| 5 |
30th March 1995) has effect in relation to retirement from the relevant |
| |
judicial office in the person’s case, and |
| |
(b) | the date that, for the purposes of that paragraph, is the person’s |
| |
potential retirement date by reference to his pre-commencement |
| |
office (“the retirement date preserved in 1995”) is the same as, or later |
| 10 |
| |
| paragraph 5(3) and (4) do not apply. |
| |
(2) | If the special date is later than the retirement date preserved in 1995, |
| |
paragraph 2(2)(b) of Schedule 7 to the 1993 Act does not have effect in |
| |
relation to the relevant judicial office in the person’s case. |
| 15 |
(3) | Accordingly, in paragraph 1 of Schedule 7 to the 1993 Act, after sub- |
| |
| |
“(6) | Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to |
| |
the Tribunals, Courts and Enforcement Act 2007 (certain cases |
| |
where the post-commencement office is that of judge, or other |
| 20 |
member, of the First-tier Tribunal or the Upper Tribunal).” |
| |
Eligibility for appointment after having attained age of 70 |
| |
9 (1) | Sub-paragraph (3) applies in respect of a person on each day that— |
| |
(a) | is, or is later than, the day on which the person attains the age of 70, |
| |
(b) | is a day on which the person holds a qualifying office, and |
| 25 |
(c) | is earlier than the day on which the person is required to vacate the |
| |
| |
(2) | Sub-paragraph (3) also applies in respect of a person on each day that— |
| |
(a) | is, or is later than, the day on which the person attains the age of 70, |
| |
| 30 |
(b) | is a day on which the person holds, on an unlimited basis, a |
| |
| |
(3) | Where this sub-paragraph applies in respect of a person on a day, the fact |
| |
that the person has attained the age of 70 shall not (by itself) render him |
| |
ineligible for appointment (or re-appointment) on that day to a relevant |
| 35 |
| |
(4) | For the purposes of this paragraph, a person holds an office on an unlimited |
| |
basis at a particular time if at that time he is not required to vacate the office |
| |
at any particular later time. |
| |
| |
| |
|
| |
| |
| |
Judges and other members of First-Tier and Upper Tribunals: pensions where |
| |
office acquired under section 31(2) |
| |
Interpretation of Part 3 of Schedule |
| |
10 | For the purposes of this Part of this Schedule— |
| 5 |
| |
(i) | the office of judge of the First-tier Tribunal by virtue of being |
| |
a transferred-in judge of the First-tier Tribunal, |
| |
(ii) | the office of other member of the First-tier Tribunal by virtue |
| |
of being a transferred-in other member of the First-tier |
| 10 |
| |
(iii) | the office of judge of the Upper Tribunal by virtue of being a |
| |
transferred-in judge of the Upper Tribunal, and |
| |
(iv) | the office of other member of the Upper Tribunal by virtue of |
| |
being a transferred-in other member of the Upper Tribunal; |
| 15 |
(b) | a person holds an office “on a salaried basis” if and so long as, and to |
| |
| |
(i) | the person’s service in the office is remunerated by payment |
| |
| |
(ii) | the salary is not subject to terms which preclude rights to |
| 20 |
pensions and other benefits accruing by reference to it; |
| |
(c) | a person shall be regarded as holding “qualifying judicial office” at |
| |
any time when he holds, on a salaried basis, any one or more of the |
| |
offices specified in Schedule 1 to the 1993 Act, and any reference to a |
| |
“qualifying judicial office” is a reference to any office specified in that |
| 25 |
Schedule if it is held on a salaried basis; |
| |
(d) | “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 |
| |
| |
Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously held |
| |
11 (1) | Sub-paragraphs (2) and (3) apply where— |
| 30 |
(a) | a person becomes, as a result of provision under section 31(2), the |
| |
| |
(b) | before that, the person has never held qualifying judicial office, and |
| |
(c) | the person, on becoming the holder of the new office, holds the new |
| |
office on a salaried basis. |
| 35 |
(2) | Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who |
| |
first holds qualifying judicial office on or after 31st March 1995) does not |
| |
have effect in relation to the person. |
| |
(3) | The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 |
| |
Act (judicial pensions) to apply to him. |
| 40 |
(4) | Part 1 of the 1993 Act applies to a person who makes an election under sub- |
| |
| |
(5) | Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where |
| |
person has opted out of Part 1 of the 1993 Act then, except as provided by |
| |
section 13 of that Act, that Part does not apply to the person). |
| 45 |
| |
| |
|
| |
| |
Election under paragraph 11(3) for pension under Part 1 of the 1993 Act |
| |
12 (1) | In this paragraph “opt-in election” means an election under paragraph 11(3). |
| |
(2) | An opt-in election may be made only in such circumstances, within such |
| |
time and in such manner as the Lord Chancellor may by regulations |
| |
| 5 |
(3) | An opt-in election is irrevocable. |
| |
(4) | Regulations under sub-paragraph (2) may permit the making of an opt-in |
| |
election even though the person in respect of whom the opt-in election is |
| |
| |
(a) | has ceased (whether by virtue of dying or otherwise) to hold the |
| 10 |
office mentioned in paragraph 11(1)(a), or |
| |
(b) | has ceased to hold that office on a salaried basis without having |
| |
ceased to hold that office. |
| |
(5) | Where regulations under sub-paragraph (2) permit the making of an opt-in |
| |
election in respect of a person who has died, the right to make that election |
| 15 |
is exercisable by the person’s personal representatives. |
| |
(6) | The Lord Chancellor may by regulations provide for a person in respect of |
| |
whom an opt-in election is made to be treated for such purposes as may be |
| |
prescribed by the regulations as if the person had, at such times as may be |
| |
prescribed by the regulations, been a person to whom Part 1 of the 1993 Act |
| 20 |
| |
(7) | An opt-in election may not be made in respect of a person at any time when |
| |
an election made under section 13 of the 1993 Act (election to opt out of Part |
| |
1 of the 1993 Act) is in force in respect of the person. |
| |
Continuation of existing public service pension arrangements in certain cases |
| 25 |
13 (1) | Sub-paragraph (2) applies if— |
| |
(a) | a person, as a result of provision under section 31(2), becomes the |
| |
| |
| |
(i) | the person held qualifying judicial office immediately before |
| 30 |
| |
(ii) | before becoming the holder of the new office, the person has |
| |
never held qualifying judicial office, |
| |
(c) | immediately before the person becomes the holder of the new |
| |
| 35 |
(i) | the person holds an office within paragraph (a), (b) or (c) of |
| |
section 31(2) (the “old office”), and |
| |
(ii) | the person’s service in the old office is subject to a public |
| |
| |
(d) | the person, on becoming the holder of the new office, holds the new |
| 40 |
office on a salaried basis, and |
| |
(e) | immediately after the person becomes the holder of the new office, |
| |
| |
(i) | is not a person to whom Part 1 of the 1993 Act applies, and |
| |
(ii) | is not a person to whom that Part would apply but for section |
| 45 |
| |
| |
| |
|
| |
| |
(2) | The person’s service in the new office, so far as it is service during the |
| |
| |
(a) | shall be subject to that public service pension scheme, and |
| |
(b) | shall be subject to that scheme in a way that corresponds to the way |
| |
in which the person’s service in the old office was subject to that |
| 5 |
| |
(3) | In sub-paragraph (2) “the continuity period” means the period— |
| |
(a) | that begins when the person becomes the holder of the new office on |
| |
| |
(b) | that ends with whichever of the following first happens after that— |
| 10 |
(i) | the person’s ceasing to hold the new office, |
| |
(ii) | the person’s ceasing to hold the new office on a salaried basis |
| |
without ceasing to hold the new office, |
| |
(iii) | the person’s becoming a person to whom Part 1 of the 1993 |
| |
| 15 |
(iv) | the person’s becoming a person to whom Part 1 of the 1993 |
| |
Act would apply but for section 13 of that Act. |
| |
(4) | For the purposes of sub-paragraph (1)(c)(ii), the person’s service in the old |
| |
office is not to be treated as subject to a public service pension scheme at a |
| |
time when the scheme does not apply to him as a result of his having |
| 20 |
exercised a right to elect for the scheme not to apply to him. |
| |
(5) | A public service pension scheme which, apart from sub-paragraph (2), |
| |
would not be a judicial pension scheme for the purposes of the 1993 Act does |
| |
not become a judicial pension scheme for those purposes if it is only as a |
| |
result of sub-paragraph (2) that pensions and other benefits are payable |
| 25 |
under the scheme in respect of service in qualifying judicial office. |
| |
(6) | In this paragraph “public service pension scheme” means any public service |
| |
pension scheme, as defined in— |
| |
(a) | section 1 of the Pension Schemes Act 1993 (c. 48), or |
| |
(b) | section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49). |
| 30 |
| |
Amendments to the Judicial Pensions and Retirement Act 1993 |
| |
14 | The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows. |
| |
15 (1) | Section 1 (application of Part 1: judicial pensions) is amended as follows. |
| |
(2) | In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after |
| 35 |
paragraph (d) insert “and |
| |
(e) | to any person appointed to a qualifying judicial office in |
| |
circumstances falling within subsection (4A) below;”. |
| |
(3) | In subsection (1), after “but this subsection is subject to the following |
| |
provisions of this Act” insert “and to Part 3 of Schedule 9 to the Tribunals, |
| 40 |
Courts and Enforcement Act 2007 (transitional arrangements for pensions of |
| |
certain judges and other members of the First-tier Tribunal and Upper |
| |
| |
| |
| |
|
| |
| |
(4) | After subsection (4) insert— |
| |
“(4A) | The circumstances of a person’s appointment to a qualifying judicial |
| |
office (“the subsequent office”) fall within this subsection if— |
| |
(a) | the person, immediately before being appointed to the |
| |
subsequent office, holds an office within subsection (4B) |
| 5 |
below (“the replacement tribunal office”); |
| |
(b) | the person held the replacement tribunal office on a salaried |
| |
basis from when he became its holder until immediately |
| |
before being appointed to the subsequent office; and |
| |
(c) | the person, before becoming the holder of the replacement |
| 10 |
tribunal office, had never held qualifying judicial office. |
| |
(4B) | The offices within this subsection are— |
| |
(a) | the office of judge of the First-tier Tribunal by virtue of being |
| |
a transferred-in judge of the First-tier Tribunal, |
| |
(b) | the office of other member of the First-tier Tribunal by virtue |
| 15 |
of being a transferred-in other member of the First-tier |
| |
| |
(c) | the office of judge of the Upper Tribunal by virtue of being a |
| |
transferred-in judge of the Upper Tribunal, and |
| |
(d) | the office of other member of the Upper Tribunal by virtue of |
| 20 |
being a transferred-in other member of the Upper Tribunal.” |
| |
16 | In section 9(4) (contribution towards cost of surviving spouse’s, surviving |
| |
civil partner’s and surviving children’s pension), for “or (d) above,” |
| |
substitute “, (d) or (e) above or in the case of persons to whom this Part |
| |
applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts |
| 25 |
and Enforcement Act 2007,”. |
| |
17 (1) | In section 12(1) (transfer of accrued benefits under judicial pension schemes |
| |
in certain cases where person held qualifying judicial office before 31st |
| |
| |
(a) | for “or (d)” substitute “, (d) or (e)”, |
| 30 |
(b) | after “of section 1(1) above” insert “or by virtue of paragraph 11(4) of |
| |
Schedule 9 to the Tribunals, Courts and Enforcement Act 2007”, and |
| |
(c) | omit paragraph (b) (which is superseded by the new section 12B |
| |
inserted by this Part of this Schedule). |
| |
(2) | In the sidenote to section 12, for the words after “Transfer of rights” |
| 35 |
substitute “under judicial pension schemes”. |
| |
18 | After section 12 insert— |
| |
“12A | Transfer of rights under other public service pension schemes |
| |
| |
(a) | begins, on or after the day on which this section comes into |
| 40 |
force, to apply to a person by virtue of section 1(1)(d) above, |
| |
| |
(b) | begins to apply to a person— |
| |
(i) | by virtue of section 1(1)(e) above, or |
| |
(ii) | by virtue of paragraph 11(4) of Schedule 9 to the |
| 45 |
Tribunals, Courts and Enforcement Act 2007, |
| |
| |
| |
|
| |
| |
| any relevant public service pension rights of his shall be transferred |
| |
to the scheme constituted by this Part. |
| |
(2) | Where a person’s rights under a public service pension scheme are |
| |
transferred under subsection (1) above— |
| |
(a) | that scheme shall no longer have effect in relation to him, and |
| 5 |
(b) | no pension or lump sum under the scheme shall be paid to or |
| |
| |
(3) | Regulations may make provision— |
| |
(a) | for calculating, whether by actuarial assessment or |
| |
otherwise, the amount or value of the rights transferred |
| 10 |
under subsection (1) above, and |
| |
(b) | prescribing the manner in which those rights are to be given |
| |
| |
(4) | Without prejudice to the generality of paragraph (b) of subsection (3) |
| |
above, regulations under that paragraph may provide for rights |
| 15 |
transferred under subsection (1) above to be given effect by crediting |
| |
the person in question with such service, on or after the day on which |
| |
this Part first applies to the person, as may be prescribed. |
| |
(5) | For the purposes of this section, a persons’s “relevant public service |
| |
pension rights” are the person’s accrued rights to benefit under any |
| 20 |
public service pension scheme, but this is subject to subsections (6) to |
| |
| |
(6) | A person’s rights under a public service pension scheme are not |
| |
“relevant public service pension rights” if the scheme is a judicial |
| |
pension scheme other than— |
| 25 |
(a) | the principal civil service pension scheme, or |
| |
(b) | the principal civil service pension scheme for the civil service |
| |
| |
| |
(a) | under the principal civil service pension scheme, or |
| 30 |
(b) | under the principal civil service pension scheme for the civil |
| |
service of Northern Ireland, |
| |
| are not “relevant public service pension rights” if they are transferred |
| |
| |
(8) | A person’s rights under a public service pension scheme are not |
| 35 |
“relevant public service pension rights” unless at least some of his |
| |
service which was subject to the scheme was qualifying tribunal |
| |
service and, in that event, all of his rights under the scheme shall be |
| |
regarded as relevant public service pension rights. |
| |
| 40 |
“prescribe” means prescribe in regulations; |
| |
“public service pension scheme” means any public service |
| |
pension scheme, as defined in— |
| |
(a) | section 1 of the Pension Schemes Act 1993, or |
| |
(b) | section 1 of the Pension Schemes (Northern Ireland) |
| 45 |
| |
“qualifying tribunal service” means— |
| |
| |
| |
|
