The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/79 |
2024 No. 79
Public Service Pensions
The Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024
Made 23th January 2024
Coming into force in accordance with regulation 1(b)
The Lord Chancellor makes these 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) and 3(1), (2)(a) (as read with paragraphs 2 and 9 of Schedule 3) and (c), and (3)(b) of the Public Service Pensions Act 20131(“the 2013 Act”) and sections 58(1) to (4), 67(2) and (3), 74(2) and 103(1) and (2) of the Public Service Pensions and Judicial Offices Act 20222(“PSPJOA 2022”).
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, and the 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.
To the extent required by section 62 of PSPJOA 2022, these Regulations are made in accordance with Treasury directions made under that section.
A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 24(1)(c) of the 2013 Act.
Citation, commencement and extent
1. These Regulations—
(a) may be cited as the Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2024;
(b) come into force on the day after the day on which they are made;
(c) extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Judicial Pensions Regulations 2015
2.—(1) The Judicial Pensions Regulations 20153are amended as follows.
(2) In regulation 2 (interpretation) for the definition of “active member”4substitute—
“
”active member”, in relation to this scheme, means a person who is in pensionable service under this scheme;
(3) After regulation 36 (application of chapter), insert—
“
Purported transfer value payment
36A. In this Chapter, “purported transfer value payment” means a payment—
(a) which was made by either—
(i) a person “P” who has remediable service5in a judicial office; or
(ii) a relevant fee-paid judge6who has relevant service in a judicial office;
(b) which was intended to be a transfer value payment; and
(c) which was not a transfer value payment due to—
(i) a determination by a court or tribunal that, as a result of a non-discrimination rule7, any person has rights under a judicial legacy scheme in respect of P’s remediable service;
(ii) an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or
(iii) the payment being made in relation to a relevant fee-paid judge.
(4) For regulation 38A (accrued earned pension attributable to a transfer value payment where a legacy scheme election is made) substitute—
“
Transfer value payment or purported transfer value payment in respect of judges with remediable service
38A.—(1) Paragraph (2) applies where—
(a)
(a) a person “P” has remediable service in a judicial office;
(b)
(b) one or more purported transfer value payments were made in relation to P during the period of remediable service;
(c)
(c) an immediate detriment remedy8has been obtained in relation to the period of remediable service; and
(d)
(d) no payment has been made to P, or to another pension scheme on behalf of P, of a value which represents the full value of P’s purported transfer value payments (as referred to in sub-paragraph (b)).
(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.
(3) Paragraph (4) applies where—
(a)
(a) a person “P” has remediable service in a judicial office;
(b)
(b) one or more transfer value payments have been received by this scheme in relation to P during the period of remediable service; and
(c)
(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P.
(4) P is to be treated as an active member of this scheme for all purposes in connection with the transfer value payments referred to in paragraph (3)(b).
(5) For regulation 38B (accrued earned pension attributable to a transfer value payment in respect of relevant fee-paid judges) substitute—
“
Purported transfer value payment in respect of relevant fee-paid judges
38B.—(1) Paragraph (2) applies where—
(a)
(a) a relevant fee-paid judge “R” has relevant service in a judicial office; and
(b)
(b) one or more purported transfer value payments were made in relation to R during the period of relevant service.
(2) The purported transfer value payments referred to in paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as an active member of this scheme for all purposes in connection with the purported transfer value payments.
(6) In Schedule 1 (payments for extra pension)—
(a)
(a) in paragraph 1 (interpretation), after the definition of “period of service”, insert—
“
“purported added pension payment” means a payment—
(a) which was made by either—
(i) a person “P” who has remediable service in a judicial office; or
(ii) a relevant fee-paid judge who has relevant service in a judicial office;
(b) which was intended to be an added pension payment under this Part; and
(c) which was not an added pension payment under this Part due to—
(i) a determination by a court or tribunal that, as a result of a non-discrimination rule, any person has rights under a judicial legacy scheme in respect of P’s remediable service;
(ii) an agreement between the scheme manager of a judicial legacy scheme and any person that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of P’s remediable service; or
(iii) the payment being made in relation to a relevant fee-paid judge;
”;
(b)
(b) for paragraph 23A (added pension in respect of judges with remediable service) substitute—
“
Added pension payment or purported added pension payment in respect of judges with remediable service
23A.—(1) Sub-paragraph (2) applies where—
(a)
(a) a person “P” has remediable service in a judicial office;
(b)
(b) one or more purported added pension payments were made by P during the period of remediable service;
(c)
(c) an immediate detriment remedy has been obtained in relation to the period of remediable service;
(d)
(d) the notification period in relation to P under regulation 14(2) of the 2023 Regulations has passed;
(e)
(e) a request has not been made in respect of P under regulation 24 of the 2023 Regulations; and
(f)
(f) no payment has been made to P of a value which represents the full value of P’s purported added pension payments (as referred to in paragraph (b)).
(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and P is to be treated as an active member of this scheme for all purposes in connection with the purported added pension payments.
(3) Sub-paragraph (4) applies where—
(a)
(a) a person “P” has remediable service in a judicial office;
(b)
(b) P made one or more added pension payments during the period of remediable service;
(c)
(c) a legacy scheme election under section 40 of PSPJOA 2022 is made in respect of P;
(d)
(d) the election period in relation to P under section 69(1) of PSPJOA 2022 has passed; and
(e)
(e) a request has not been made in respect of P under regulation 8 of the 2023 Regulations.
(4) P is to be treated as an active member of this scheme for all purposes in connection with the added pension payments referred to in sub-paragraph (3)(b).
”;
(c)
(c) for paragraph 23B (added pension in respect of relevant fee-paid judges) substitute—
“
Purported added pension in respect of relevant fee-paid judges
23B.—(1) Sub-paragraph (2) applies where—
(a)
(a) a relevant fee-paid judge “R” has relevant service in a judicial office;
(b)
(b) one or more purported added pension payments were made by R during the period of relevant service;
(c)
(c) the notification period in relation to R under regulation 30(2)(b) of the 2023 Regulations has passed; and
(d)
(d) a request has not been made in respect of R under regulation 40 of the 2023 Regulations.
(2) The purported added pension payments referred to in sub-paragraph (1)(b) are to be treated as having been received by this scheme and R is to be treated as having been an active member of this scheme for all purposes in connection with the purported...
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