Judicial Pensions and Retirement Act 1993 (c. 8)

(1) This Part applies— (a) to any person who first holds qualifying judicial office on or after the appointed day; (b) to any person— (i) who, immediately before the appointed day, was holding any qualifying judicial office, service in which was, in his case, subject to a judicial pension scheme; and (ii) who, on or after that day, ceases to hold that office and is appointed to some other qualifying judicial office, service in which would (apart from this Act) have been subject, in his case, to some other judicial pension scheme; (c) to any person who was not holding qualifying judicial office immediately before the appointed day, by virtue of having retired from such office, but who, on or after that day, is again appointed to such office; F1 . . . (d) to any person who makes an election under subsection (2) below for this Part to apply to him; [ F2 and (e) to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below; ] but this subsection is subject to the following provisions of this Act [ F3 and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ] . [ F4 (1A) This Part is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes). ] [ F5 (1B) This Part is subject to section 18 of the Public Service Pensions Act (Northern Ireland) 2014 (Northern Ireland provision restricting benefits provided under existing schemes). ] (2) Any person— (a) who holds qualifying judicial office on the appointed day, and (b) who held such office at any time before that day, shall be entitled, in such circumstances as may be prescribed and subject to subsection (5) below, to make an election for this Part to apply to him, if it would not otherwise do so. (3) Any election under subsection (2) above must be made within such time and in such manner as may be prescribed and shall be irrevocable. (4) The circumstances that may be prescribed under subsection (2) above, and the time that may be prescribed under subsection (3) above, include circumstances or times which permit the making of an election notwithstanding that the person in question has retired from qualifying judicial office or has died; and, without prejudice to section 29(3) and (4) below, where any such circumstances or times are so prescribed— (a) the person in question shall be treated for such purposes as may be prescribed as if he had, at such times as may be prescribed, been a person to whom this Part applies; and (b) any right to make an election notwithstanding the person’s death shall be exercisable by his personal representatives. [ F6 (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) 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 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 of being a transferred-in other member of the First-tier Tribunal, (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 being a transferred-in other member of the Upper Tribunal. ] (5) Except as provided by section 13 below, this Part does not apply to a person at any time when an election under that section is in force in respect of him; nor shall he make an election under subsection (2) above at any such time. (6) For the purposes of this Act, a person shall be regarded as holding, or serving in, 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 this Act; and any reference in this Act to a “ qualifying judicial office ” is a reference to any office so specified if it is held on a salaried basis. (7) For the purposes of subsection (6) above, a person holds an office “ on a salaried basis ” if and so long as, and to the extent that— (a) his service in the office is remunerated by payment of a salary; and (b) that salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it; and the reference in that subsection to an office being held on a salaried basis shall be construed accordingly. (8) The appropriate Minister may by order amend either Part of Schedule 1 to this Act by adding offices to those for the time being there specified. (9) In this section, “ prescribed ” means prescribed in regulations made by the appropriate Minister. (10) In this Part “ the appointed day ” means the day appointed under section 31 below for the coming into force of this Part other than subsection (8) above. Textual Amendments F1 Word at the end of s. 1(1)(c) repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 146 , 148(5) , Sch. 23 Pt. 1 ; S.I. 2008/2696 , art. 5(i)(ii) (with art. 3 ) F2 S. 1(1)(e) and preceding word inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 48(2) , 148(5) , Sch. 9 para. 15(2) ; S.I. 2008/2696 , art. 5(d) (with art. 3 ) F3 Words in s. 1(1) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 48(2) , 148(5) , Sch. 9 para. 15(3) ; S.I. 2008/2696 , art. 5(d) (with art. 3 ) F4 S. 1(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25) , s. 41(2) , Sch. 8 para. 16 (with Sch. 11 para. 8 ); S.I. 2014/839 , art. 4(2)(i) F5 S. 1(1B) inserted (N.I.) (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2) , s. 37(2) , Sch. 8 para. 17 ; S.R. 2014/123 , art. 2(1)(r) F6 S. 1(4A)(4B) inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 48(2) , 148(5) , Sch. 9 para. 15(4) ; S.I. 2008/2696 , art. 5(d) (with art. 3 ) Modifications etc. (not altering text) C8 S. 1(1)(a) excluded (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 48(2) , 148(5) , Sch. 9 para. 11(2) ; S.I. 2008/2696 , art. 5(d) (with art. 3 )

(1) Any person to whom this Part applies— (a) who retires from qualifying judicial office on or after the day on which he attains the age of 65, and (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office, shall be entitled during his life to a pension at the appropriate annual rate. (2) Any person to whom this Part applies— (a) who retires from qualifying judicial office on or after the day on which he attains the age of 60, but before attaining the age of 65, and (b) who has, at the time of that retirement, completed, in the aggregate, at least 5 years’ service in qualifying judicial office, shall be entitled during his life to a pension at the appropriate annual rate, actuarially reduced. (3) In any case where— (a) a person to whom this Part applies retires from qualifying judicial office before he has attained the age of 65 or before he has completed, in the aggregate, at least 5 years’ service in such office, and (b) the appropriate Minister is satisfied by means of a medical certificate that, by reason of infirmity of mind or body, the person is incapable of discharging the duties of his qualifying judicial office and that the incapacity is likely to be permanent, the person shall be entitled during his life to a pension at the appropriate annual rate (and subsection (2) above shall not have effect in relation to that retirement, notwithstanding that the conditions in paragraphs (a) and (b) of that subsection may be satisfied in the particular case). [ F7 (3A) Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)— (a) consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales; (b) consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland. ] (4) Where a person to whom this Part applies is removed from a qualifying judicial office, his removal from that office shall be treated for the purposes of this Part as his retirement from qualifying judicial office; and if— (a) he has not attained the age of 60 at the date of that retirement, and (b) the appropriate Minister recommends that his accrued rights under this Part should be given immediate effect, the person shall be entitled during his life to a pension at the appropriate annual rate, actuarially reduced. (5) Where a person to whom a pension under this section has commenced to be paid resumes service in qualifying judicial office— (a) the resumption of service shall not affect his entitlement to payment of the pension for any period before the resumption, (b) he shall not be entitled to payment of the pension for any period during the resumed service, and (c) at the end of the period of resumed service— (i) his entitlement (and that of any other person) to a pension or other benefit under this Part, and (ii) the rate or amount of any such pension or other benefit, shall be determined (subject to section 4(4) below) as if no pension under this section had previously commenced to be paid to him. (6) A pension under this section shall be payable at such intervals, not exceeding three months, as the Treasury may determine. (7) For the purposes of this Part— (a) in determining the length of a person’s period of service in any qualifying judicial office, it is immaterial whether he works full-time or part-time, but if he holds two or more qualifying judicial offices concurrently, no day shall be counted more than once; (b) in determining the length of a person’s period of service in any qualifying judicial office, there shall be left out of account— (i) any service in such office before the day on which this Part first applied to him (except to the extent to which it is given effect under or by virtue of section 12 below); (ii) in the case of an office which becomes a qualifying judicial office by virtue of an order under section 1(8) above, any service in that office before the day on which it becomes such an office (except to the extent to which it is given effect under or by virtue of section 12 below); (iii) any service in qualifying judicial office at a time when an election under section 13 below is in force in respect of him; and (iv) any service in such office in respect of which he has taken a cash equivalent in accordance with paragraph 6 of Schedule 2 to this Act; (c) in any case falling within subsection (3) above where, at the date of the retirement, the person has not attained the age of 65, the aggregate length of his period of service shall [ F8 (subject to subsection (7A)) ] be increased by the addition of a period equal in length to one half of that which— (i) begins immediately after the date of the retirement; and (ii) ends with the day on which he would attain the age of 65; (d) where any payment in respect of a pension under this section has become due, the pension shall be treated as commencing to be paid, notwithstanding that no payment has in fact been made in respect of it, and for this purpose a payment in respect of a pension shall be treated as becoming due on the first day of the period for which it is payable; (e) “ actuarially reduced ”, in relation to the rate of a pension, means reduced by such amount as may be prescribed in, or determined in accordance with, regulations made under this section by the appropriate Minister with the concurrence of the Treasury; (f) where a person ceases to hold qualifying judicial office in consequence of infirmity of mind or body, the cessation (however brought about) shall be taken for the purposes of this Part to constitute retirement, not removal, from such office. F9 [ F10 (7A) Subsection (7)(c) does not apply where, at the date of the retirement, the person— (a) is a member of a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014; and (b) is entitled under that scheme to early payment of benefits on the grounds of ill-health. ] [ F11 (7A) Subsection [ F9 (7)(c) ] does not apply where, at the date of retirement, the person— (a) is a member of a scheme under section 1 of the Public Service Pensions Act 2013; and (b) is entitled under that scheme to early payment of benefits on the grounds of ill-health. ] (8) In this Act “ judicial pension ” means a pension under this section. [ F12 (9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (10) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). ] Textual Amendments F7 S. 2(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148 , Sch. 4 para. 227(2) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11 F8 Words in s. 2(7)(c) inserted (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182) , reg. 1(4) , Sch. 3 para. 12(2)(a) (with regs. 148 , 160 ) and (N.I.) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76) , reg. 1(3) , Sch. 3 para. 11(2)(a) F9 Word in s. 2(7A) substituted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7) , ss. 106 , 131(1) (2)(f) F10 S. 2(7A) inserted (N.I.) (1.4.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76) , reg. 1(3) , Sch. 3 para. 11(2)(b) F11 S. 2(7A) inserted (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182) , reg. 1(4) , Sch. 3 para. 12(2)(b) (with regs. 148 , 160 ) F12 S. 2(9)(10) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148 , Sch. 4 para. 227(3) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11