Title and commencement

1. These Regulations may be cited as the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 and shall come into force on 31st March 1995.

2. In these Regulations-

"former scheme" means any relevant scheme of the member (except a voluntary contributions scheme) prior to his transfer to the Part I scheme other than the last existing scheme;

"last existing scheme" means:

"member" means a member of a relevant scheme to whom section 12 of the 1993 Act applies;

"Part I scheme" means the scheme constituted under Part I of the 1993 Act;

"relevant scheme" means any judicial pension scheme constituted otherwise than by or under the 1993 Act;

"the 1993 Act" means the Judicial Pensions and Retirement Act 1993;

"voluntary contributions scheme" means a judicial pension scheme providing for the purchase of benefits additional to those provided by or under the Part I scheme or a relevant scheme by means of additional voluntary contributions;

"15 year scheme", "20 year scheme", "30 year scheme" and "40 year scheme" means a scheme in respect of which service in qualifying judicial office for 15, 20, 30 or 40 years, as the case may be, is a condition of eligibility for an annual pension at the rate of one half of the last annual salary payable in respect of that office.

Purpose and effect

3.-(1) These regulations shall apply for the purposes of valuing a member's relevant rights which are to be transferred to the Part I scheme under section 12 of the 1993 Act.

(2) The sum of a member's relevant rights in his last existing scheme and his relevant rights in any former scheme shall form the total amount to be transferred into the Part I scheme.

(3) The total amount to be transferred into the Part I scheme shall be expressed as a period of notional service in the office held by the member at the date of transfer in accordance with regulations 5, 6 and 7.

Service multiplier

4. For the purposes of regulations 5(1)(b) and 6(1)(b), the service multiplier appropriate to the member in respect of the last existing scheme or any former scheme shall be-

(a)in relation to a 15 year scheme: 1.25;

(b)in relation to a 20 year scheme: 1;

(c)in relation to a 30 year scheme: 0.67;

(d)in relation to a 40 year scheme: 0.5.

Valuation of relevant rights: last existing scheme

5.-(1) The value of a member's relevant rights to be transferred from his last existing scheme to the Part I scheme shall be calculated in accordance with the formula A × B where-

(a)A is the member's length of service in qualifying judicial offices that were subject to his last existing scheme (expressed in years and days) excluding any period during which an election referred to in section 13(8) of the 1993 Act is in force; and

(b)B is the service multiplier appropriate to the member in respect of his last existing scheme.

(2) For the purpose of the calculation-

(a)the number of days in A shall be expressed in decimal form to four decimal places by dividing them by 365; and

(b)the decimal part of the product A × B shall be converted back into days by multiplying it by 365.

(3) The transfer value arrived at by applying the formula shall be rounded up to the next full day.

(4) Where a member holds two qualifying judicial offices concurrently, no day shall be counted more than once.

Valuation of relevant rights: former schemes

6.-(1) The value of a member's relevant rights to be transferred from any former scheme into the Part I scheme shall be calculated in accordance with the formula A × B × (C/D) where-

(a)A is the member's length of service in qualifying judicial offices that were subject to the former scheme (expressed in years and days) excluding any period during which an election referred to in section 13(8) of the 1993 Act is in force;

(b)B is the service multiplier appropriate to the member in respect of the former scheme;

(c)C is the salary of the office that the member held while a member of the former scheme at the date of transfer from that former scheme to another former scheme or the last existing scheme as appropriate;

(d)D is the salary of the office that the member held while a member of his last existing scheme at the date of transfer into the last existing scheme.

(2) For the purposes of the calculation-

(a)the number of days in A shall be expressed in decimal form to four decimal places by dividing them by 365; and

(b)the decimal part of the product of A × B × (C/D) shall be converted back into days by multiplying it by 365.

(3) Regulation 5(3) and (4) shall apply to the valuation of relevant rights in a former scheme as they apply to the valuation of relevant rights in the last existing scheme.

Voluntary contributions: valuation of benefits purchased under the Judicial Added Benefits Scheme

7.-(1) In this regulation-

"The Judicial Added Benefits Scheme" means the scheme of that name constituted under Part IV of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(2);

"normal pension age" means the age at which a member could retire under his last existing scheme with a pension immediately payable.

(2) Any added units of benefit which a member has purchased under the Judicial Added Benefits Scheme shall be valued by using the formula D × (A/B × C) where-

(a)A is the number of contributions made to the Judicial Added Benefits Scheme;

(b)B is the number of contributions potentially payable from the commencement of contributions to the member's normal pension age;

(c)C is the number of added units of benefit which the member has contracted to purchase; and

(d)D is the appropriate service credit figure, determined, subject to sub-paragraph (e), by reference to the age of the member at his last birthday at the date of transfer, set out in the relevant table in Schedule 1.

(e)in the case of a member of the Land Tribunal scheme or District Judiciary scheme, D shall be determined by reference both to the age of the member at his last birthday at the date of transfer, and his age last birthday at the date of entry into the Land Tribunal scheme or District Judiciary scheme as appropriate, as set out in the table relating to those schemes in Schedule 1.

(3) For the purposes of the calculation-

(a)the product of D × (A/B × C) shall be expressed to four decimal places; and

(b)the decimal part of the product shall be converted into days by multiplying it by 365.

(4) The transfer value arrived at by applying the formula shall be rounded up to the next full day.

(5) Schedule 2 shall apply for the purpose of determining the relevant table in Schedule 1 appropriate to the member.

Voluntary contributions: treatment of added years purchased

8. Any added years which a member may have purchased while belonging to a relevant scheme shall be treated, for the purposes of regulation 5, as if they had been actual years served under his last existing scheme.

Voluntary contributions: relevant rights in voluntary contributions schemes

9.-(1) Any relevant rights that a member may have in a voluntary contributions scheme that is open to members both of the member's last existing scheme and members of the Part I scheme shall either-

(a)remain within that voluntary contributions scheme; or

(b)be transferred into the Part I scheme in accordance with the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995(3);

as the member wishes.

(2) Any relevant rights that a member may have in any other voluntary contributions scheme (except the Judicial Added Benefits Scheme as defined in regulation 7) shall either-

(a)be transferred into the Judicial Additional Voluntary Contributions Scheme constituted by Part II of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995(4) provided that the scheme falls within regulation 2.22 of those Regulations; or

(b)be transferred into the Part I scheme in accordance with the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995;

as the member wishes.

(3) Where paragraphs (1) or (2) apply, the member shall notify the administrators in writing of his wishes before the date of transfer into the Part I scheme.

Effect of transferred rights

10. Any service credited to a member by virtue of section 12 of the 1993 Act and these Regulations shall be treated for all purposes in the same way as actual service by the member after the relevant day.

Regulation 7

SCHEDULE 1

Regulation 7

SCHEDULE 2EXISTING JUDICIAL SCHEME JUDICIAL OFFICES INCLUDED IN EACH ARRANGEMENT

Higher Judiciary Scheme

Lord of Appeal in Ordinary

Lord Chief Justice of England

Master of the Rolls

Lord President of the Court of Session

Lord Chief Justice of Northern Ireland

Lord Justice Clerk

Lord Justice of Appeal (in England and Wales or Northern Ireland)

President of the Family Division

Vice-Chancellor

High Court Judge (in England and Wales or Northern Ireland)

Judge of the Court of Session

President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, appointed under section 3 of the Fair Employment (Northern Ireland) Act 1989(5)

Chairman of Industrial Tribunals or of the Fair Employment Tribunal, appointed in pursuance of regulations under Article 30 of the Industrial Training (Northern Ireland) Order 1984(6) or appointed under section 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989

Chairman of the Scottish Land Court

President of the Industrial Court appointed in pursuance of Article 91 of the Industrial Relations (Northern Ireland) Order 1992(7)

Recorder of London

Common Serjeant

Sheriff Principal Scheme

Sheriff Principal in Scotland

Circuit Judiciary Scheme

Circuit Judge

County Court Judge in Northern Ireland

Chief or other Social Security Commissioner

Chief or other Child Support Commissioner

Chief or other Social Security Commissioner for Northern Ireland

Chief or other Child Support Commissioner for Northern Ireland

President of the Industrial Tribunals (England and Wales)

President of the Industrial Tribunals (Scotland)

Chairman of Industrial Tribunals appointed in pursuance of regulations under section 128 of the Employment Protection (Consolidation) Act 1978(8)

President or Vice-President of Value Added Tax Tribunals

Chairman of Value Added Tax Tribunals

President, Regional Chairman or Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals, Disability Appeal Tribunals or Child Support Appeal Tribunals if in a 15 year scheme

President of Social Security Appeal Tribunals, Medical Appeal Tribunals, Disability Appeal Tribunals or Child Support Appeal Tribunals in Northern Ireland

President or other member of the Lands Tribunal for Northern Ireland

District Judiciary Scheme

Sheriff in Scotland

Master or Registrar of the Supreme Court

Registrar of Civil Appeals

Master of the Court of Protection

District Judge of the Principal Registry of the Family Division(*)

District Judge in England and Wales(*)

President, Regional Chairman or Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals, Disability Appeal Tribunals, Child Support Appeal Tribunals if in a 20 year scheme

Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the Taxes Management Act 1970(9)

President of Pensions Appeal Tribunals.

Land Tribunal Scheme

President or other member of the Lands Tribunal, the Lands Tribunal for Scotland

President or other member of the Immigration Appeal Tribunal.

Stipendiary Magistrate Scheme

Stipendiary Magistrate in England and Wales

Resident Magistrate appointed under the Magistrates' Courts Act (Northern Ireland) 1964(10)

Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals, Disability Appeal Tribunal or Child Support Appeal Tribunals in Northern Ireland.

(*) Except for office-holders pensionable under the PCSPS, who are not eligible to join the judicial AVC schemes.

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to the transfer of benefits between existing judicial pension schemes and the pension scheme constituted by Part I of the Judicial Pensions and Retirement Act 1993. They provide for the valuation of the benefits to be transferred including those arising out of voluntary contributions.