Statutory Instruments
1996 No. 52
PENSIONS
The Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 1996
Made
11th January 1996
Laid before Parliament
12th January 1996
Coming into force
2nd February 1996
The Lord Chancellor, and, in relation to judicial offices whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by section 33A of the Judicial Pensions Act 1981(1) and sections 10, and 29(3) and (4) of the Judicial Pensions and Retirement Act 1993(2) and with the concurrence of the Treasury, hereby make the following Regulations—
1. These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 1996 and shall come into force on 2nd February 1996.
2. The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(3) (“the principal regulations”) shall be amended in accordance with the following provisions of these Regulations and, in those provisions, any reference to a regulation by number alone shall be construed as a reference to the regulation so numbered in the principal regulations.
3. After regulation 2.2(3) insert—
“(4) Before his application for membership of the scheme is accepted, an applicant shall provide, and shall authorise to be provided, such information as shall be requested by the scheme administrators relating to his medical history and state of health.”.
4. Regulation 2.7(2) is amended as follows—
(a)in sub-paragraph (a), after “50 and 75” insert “with an immediate pension”; and
(b)in sub-paragraph (c), for “on any other grounds” substitute “in any other circumstances”.
5. In regulation 2.12(2)—
(a)in the table in sub-paragraph (a), delete “for each year” in the second place where it appears; and
(b)in sub-paragraph (b), for “3(a)” substitute “(2)(a)”.
6. In regulation 2.28(2), delete “as appropriate”.
7. After regulation 2.30 insert—
“Administrative expenses
2.31. Any administrative expenses incurred, to an extent agreed by the scheme administrators, by the authorised provider by virtue of acting as authorised provider under these Regulations may be defrayed out of sums received by way of voluntary contributions.”.
8. For regulation 3.1 substitute—
“3.1.—(1) Paragraph (2) shall apply where a member of a scheme constituted under Part I of the 1993 Act or an existing scheme wishes to make contributions to a FSAVC scheme for the purpose of improving his personal pension benefits or the lump sum payable by virtue of his having died in service.
(2) Notwithstanding the provisions of section 18, there shall be taken into account for the purpose of assessing the maximum amount of contributions the member is entitled to make—
(a)in relation to the personal pension benefits, the member’s retained benefits;
(b)in relation to the lump sum payble by virtue of the member having died in service, the member’s retained death benefits.
(3) Paragraph (2) shall not apply where the member makes contributions to a FSAVC scheme for any purpose other than that set out in paragraph (1).”.
9. Regulation 4.3 is amended as follows—
(a)for paragraph (3) substitute—
“(3) The administrators shall require the provision of information relating to retained benefits in accordance with regulation 2.3.”.
(b)for paragraph (4)(a) substitute—
“(a)the period referred to in paragraph (5); and”.
(c)after paragraph (4) insert—
“(5) The period referred to in paragraph (4)(a) is—
(a)where Part I applies to a member by virtue of section 1(1)(a) of the 1993 Act, the length of prospective service (in years and days) from the date of the scheme member’s first appointment to qualifying judical office to his assumed retirement age; or
(b)in all other cases, the length of prospective service to the assumed retirement age of the scheme member (in years and days) at the date of the commencement of the period of notional service on the basis that such service ends on the day before the day of transfer into the Part I scheme.
(6) In this regulation “notional service” means the total period of service credited to a member who transfers into the Part I scheme from another judical pension scheme, on the date of his transfer into that scheme, calculated in accordance with the Judical Pensions (Transfer Between Judical Pension Schemes) Regulations 1995(4).”.
10. Regulation 4.5 is amended as follows—
(a)in the definition of “lump sum benefit” in paragraph (1), for “regulation 2.8(1)” substitute “regulations 2.3(1) and 2.8(1)”; and
(b)for paragraph (2) substitute—
“(2) The administrators shall require the provision of information relating to retained benefits in accordance with regulation 2.3.”.
11. Regulation 4.7 is amended as follows—
(a)in paragraph (1), for “Regulations 4.6(1) to (3) and 4.6(6)” substitute “Regulation 4.6(2), (3) and (6)”.
(b)after paragraph (1) insert—
“(1A) The right to purchase added units of surviving spouse’s pension must be exercised by notice in writing to the administrators while the member is still holding qualifying judical office and may not be exercised if the member has reached his assumed retirement age or in the twelve months before he reaches that date.”.
(c)for paragraph (2) substitute—
“(2) Contributions shall be expressed as a level monthly payment per unit of additional surviving spouse’s pension and the level of monthly payment, subject to a minimum of £1, shall be calculated in accordance with the formula
where—
a
A is determined by reference to the member’s age last birthday at the date agreed under regulation 4.6(3) (as applied by regulation 4.7(1)) and the member’s assumed retirement age as set out in the table in Schedule 2; and
b
B is the length of time between the date agreed under regulation 4.6(3) (as applied by regulation 4.7(1)), and the member’s assumed retirement age (expressed in years and fractions of a year to four decimal places);
subject to the limit on total contributions allowed in any one year by regulation 4.9(2).
(3) Where the member’s assumed retirement age does not fall on his birthday, the factor referred to in paragraph (2)(a) shall be determined by interpolation in accordance with paragraph (4).
(4) The interpolation referred to in paragraph (3) shall be effected by applying the formula
where—
a
X is determined in accordance with paragraph 2(a) on the basis that reference to the member’s assumed retirement age was a reference to his age on his last birthday before his assumed retirement age;
b
Y is determined in accordance with paragraph 2(a) on the basis that the reference to the member’s assumed retirement age was a reference to his age on his next birthday after his assumed retirement age; and
c
Z is the number of months of service between the member’s last birthday before his assumed retirement age and his assumed retirement age.
(5) For each part unit of benefit purchased, the rate shall be that determined in accordance with paragraphs (2) and (3) multiplied by the appropriate decimal fraction (to four decimal places).”.
12. In regulation 4.9(2), remove the words “any contributions made by the member to” from sub-paragraph (a) and insert those words after “together with”.
13. In regulation 4.12, after paragraph (1) insert—
“(1A) If a member leaves qualifying judicial office on or after reaching his normal pension age, any added unit of benefit that he has purchased shall increase the rate of any children’s pension payable on his death in respect of service in such office in accordance with regulation 4.12A and so proportionately for any part unit of benefit purchased.”.
14. After regulation 4.12 insert—
“4.12A—(1) This regulation applies for the purpose of determining the increase in the rate of children’s pension payable in the circumstances set out in regulation 4.12(1A).
(2) Where the annual rate of children’s pension before the application of this regulation and regulation 4.12 is that proportion of the annual rate of the member’s judicial pension which is set out in column 1 of the table below, the amount of the children’s pension shall be increased by that proportion of the member’s annual salary at the date of his death or retirement which is set out in column 2 of the table—
Rate of children’s pension before increase
Rate of increase
1/4
1/160th
1/3rd
1/120th
1/2
1/80th
2/3rds
1/60th.”
15. Regulation 4.13 is amended as follows—
(a)in paragraph (2)—
(i)for “date of retirement” where it first appears substitute “date he ceased to make contributions in accordance with regulation 4.6(6)”; and
(ii)for “the member’s date of retirement” in sub-paragraph (i), substitute “the date the member ceased to make contributions in accordance with regulation 4.6(6)”; and
(iii)after “Schedule 1” insert “which”.
(b)in paragraph (3)—
(i)for “date of retirement” where it first appears, substitute “date he ceased to make contributions in accordance with regulation 4.6(6)”; and
(ii)for “the member’s date of retirement” in sub-paragraph (i), substitute “the date the member ceased to make contributions in accordance with regulation 4.6(6)”.
(c)after paragraph (6) insert—
“(7) For the purposes of this regulation, the references in the tables set out in Schedule 1 to assumed retirement age and the reference in the table set out in Schedule 3 to normal pension age shall be treated as if they were references to the date that contributions ceased.”.
16. For Schedule 2 to the principal regulations, substitute the Schedule attached to these Regulations.
Mackay of Clashfern, C.
Dated 10th January 1996
M. Forsyth
One of Her Majesty’s Principal Secretaries of State
Dated 10th January 1996
We concur
Liam Fox
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th January 1996
Regulation 16
SCHEDULEJUDICIAL ADDED SURVIVING SPOUSE'S PENSION SCHEME
Age last birthday at date of commence-ment of contributions
Assumed retirement age
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
40
209
209
210
212
213
215
217
220
222
225
228
232
236
240
245
250
41
218
218
220
221
223
225
227
230
232
235
239
243
248
252
257
263
42
227
228
229
230
232
235
237
240
243
246
250
255
259
264
270
276
43
236
237
238
240
242
245
247
251
253
257
262
266
271
277
283
289
44
245
247
248
250
252
255
258
261
264
269
273
278
284
290
296
303
45
255
256
258
260
262
265
269
272
275
280
285
290
296
303
310
317
46
264
266
268
270
273
276
279
283
287
292
297
303
309
316
323
331
47
274
276
278
280
283
286
290
294
298
303
309
315
322
330
337
346
48
283
285
287
290
293
297
301
305
309
315
321
328
335
343
352
361
49
293
295
297
300
303
307
311
316
321
327
333
341
349
357
366
376
50
302
304
306
310
313
317
322
327
332
338
346
353
362
371
381
391
51
311
313
316
319
323
327
332
338
343
350
357
366
375
384
395
406
52
319
322
325
328
332
337
342
349
354
361
369
378
388
398
409
421
53
328
330
333
337
342
347
352
359
364
372
381
390
400
411
423
436
54
335
338
342
346
350
356
362
369
375
383
392
402
413
424
437
451
55
343
346
349
353
358
364
370
378
384
393
402
413
424
437
450
465
56
349
352
356
360
366
372
378
386
393
402
412
423
435
449
463
478
57
355
358
362
367
372
378
385
393
400
410
421
433
446
459
475
491
58
359
363
367
372
378
384
392
400
407
417
429
441
455
469
485
503
59
362
367
371
376
382
389
397
405
413
424
435
448
463
478
495
513
60
–
370
374
379
386
393
401
410
417
428
441
454
469
485
503
522
61
–
–
376
381
388
395
403
412
420
432
444
459
474
491
509
529
62
–
–
–
382
388
396
404
413
422
433
447
461
477
495
514
535
63
–
–
–
–
387
395
403
413
421
433
447
462
478
496
516
538
64
–
–
–
–
–
393
401
411
419
431
445
460
477
496
516
539
65
–
–
–
–
–
–
398
407
415
428
441
457
474
493
514
537
66
–
–
–
–
–
–
–
402
410
422
436
451
469
488
509
533
67
–
–
–
–
–
–
–
–
403
414
428
444
461
481
502
526
68
–
–
–
–
–
–
–
–
–
404
418
433
451
470
492
516
69
–
–
–
–
–
–
–
–
–
–
405
421
438
457
479
503
70
–
–
–
–
–
–
–
–
–
–
–
406
423
442
463
487
71
–
–
–
–
–
–
–
–
–
–
–
–
406
425
445
469
72
–
–
–
–
–
–
–
–
–
–
–
–
–
405
425
448
73
–
–
–
–
–
–
–
–
–
–
–
–
–
–
403
426
74
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
403
75
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995. They provide for—
(a)the further application of Inland Revenue limits to the amount of additional benefits which may be purchased;
(b)the provision of additional children’s pension in return for the purchase of added units of benefit under the Judicial Added Benefits Scheme;
(c)a revised basis for calculating the cost of contributions to purchase a surviving spouse’s pension under the Judicial Added Surviving Spouse’s Pension Scheme; and
(d)for administrative expenses incurred by the authorised provider to be deducted from voluntary contributions received.
The opportunity is taken to correct some errors in and omissions from the earlier Regulations.
(1)
1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 (c. 41), section 82 and amended by the Judicial Pensions and Retirement Act 1993 (c. 8), section 24 and schedule 3. The power of the Secretary of State to make regulations under section 33A is expressed to be in relation to pensions for service in offices existing only in Scotland. These are coterminous with offices whose jurisdiction is exercised exclusively in relation to Scotland.
(2)
1993 c. 8; by virtue of section 10(7), the power to make these regulations is vested in “the appropriate Minister” which expression is defined in section 30(1) as (a) in relation to any judicial office whose jurisdiction is exercised exclusively in Scotland, the Secretary of State or (b), subject to (a), the Lord Chancellor.
(3)
S.I. 1995/639.
(4)
S.I. 1995/636.
