Judicial Pensions and Retirement Act 1993 (c. 8)

(The document as of February, 2008)

-- Back --

Page 4

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

(b) confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

(c) permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits--

(i) to, or to any officers of, the Commissioners of Inland Revenue; or

(ii) to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question. "

(4) In subsection (2), in paragraph (b) (no limit on voluntary contributions, other than an upper limit corresponding to that imposed by section 594 of the [1988 c. 1.] Income and Corporation Taxes Act 1988) after the words "other than" there shall be inserted the words " either or both of the following, that is to say--

(i) such upper limit as may be imposed by virtue of subsection (1A)(b) above; or

(ii) " .

(5) At the end of that subsection there shall be added the words--

"but paragraphs (c) and (d) above have effect only in relation to a voluntary contributions scheme constituted by or under this Act or the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961."

(6) In subsection (3) (regulations about valuation of benefits etc)--

(a) the word "and" immediately preceding paragraph (b) shall be omitted; and

(b) in that paragraph, for the words "limit imposed by virtue of" there shall be substituted the words "such limit as is mentioned in".

(7) At the end of that subsection there shall be added--

" (c) provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;

(d) provide for the manner in which voluntary contributions are to be made;

(e) make provision for, and in connection with, the valuation of a person's accrued rights--

(i) under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

(ii) under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

(f) prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

(g) make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

(h) provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

(j) provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

(k) specify any authorised providers--

(i) who are to invest any prescribed voluntary contributions, or

(ii) who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers. "

(8) Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted--

" (4A) The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed--

(a) to be charged on, and paid out of, the Consolidated Fund; or

(b) to be paid out of money provided by Parliament. "

(9) After subsection (5) there shall be inserted--

" (5A) The regulations may make different provision for different classes or descriptions of voluntary contributions scheme. "

(10) After subsection (8) there shall be added--

" (9) In this section--

• "administrators", in relation to any scheme, means the persons entrusted with the administration of that scheme;

• "aggregable benefits" means--

  (a)

  any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1) above;

  (b)

  such additional benefits so mentioned as may be prescribed; and

  (c)

  such retained benefits as may be prescribed;

• "authorised provider", in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the [1986 c. 60.] Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;

• "employment" has the same meaning as it has in the [1975 c. 60.] Social Security Pensions Act 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Act);

• "judicial pension scheme" has the meaning given by section 14A(2) above;

• "member" means member of a judicial pension scheme;

• "occupational pension scheme" has the meaning given by section 66(1) of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions Act 1975 or, in relation to Northern Ireland, Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;

• "personal pension scheme" has the meaning given by section 84(1) of the [1986 c. 50.] Social Security Act 1986 or, in relation to Northern Ireland, Article 2(2) of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986;

• "prescribed" means specified in, or determined in accordance with, the regulations;

• "relevant benefits" has the meaning given by section 612(1) of the [1988 c. 1.] Income and Corporation Taxes Act 1988;

• "retained benefits", in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;

• "surplus funds", in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b) above;

• "tax-exemption" and "tax-approval" have the meaning given by section 84(1) of the Social Security Act 1986;

• "voluntary contributions", in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;

• "voluntary contributions scheme" means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) above are, or are to be, provided;

and, where a person's voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

(10) Without prejudice to subsections (3)(c) and (d) and (4A) above, there may be paid out of money provided by Parliament--

(a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

(b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

(11) Any sums received under this section may be paid into the Consolidated Fund. "

Part II Amendment of the Sheriffs' Pensions (Scotland) Act 1961

Appeals

4 After section 9 of the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 there shall be inserted--

" 9A Appeals.

(1) If any person to whom a pension is payable under this Act is aggrieved by any decision taken by the administrators of a pension scheme constituted by this Act concerning--

(a) the interpretation of the provisions of the scheme, or

(b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the Secretary of State.

(2) On deciding an appeal under this section, the Secretary of State may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

(3) The Secretary of State may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.

(4) The administrators shall be entitled to appear and be heard on any appeal under this section.

(5) In this section, "the administrators", in relation to a pension scheme, means the persons entrusted with the administration of the scheme. "

Part III Amendments of Northern Ireland Provisions

Interpretation

5 In this Part of this Schedule--

• "the 1951 Act" means the [1951 c. 20 (N.I.).] Judicial Pensions Act (Northern Ireland) 1951;

• "the 1959 Act" means the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959;

• "the 1960 Act" means the [1960 c. 2 (N.I.).] Resident Magistrates' Pensions Act (Northern Ireland) 1960;

• "the 1964 Order" means the [S.R. & O. (N.I.) 1964 No. 191.] Lands Tribunal (Salaries and Superannuation) Order (Northern Ireland) 1964;

• "the 1969 Act" means the [1969 c. 7 (N.I.).] Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969;

• "the 1975 Act" means the [1975 c. 15.] Social Security (Northern Ireland) Act 1975.

Dependent children: maximum allowable remuneration

6 (1) In subsection (1)(c)(ii) of each of the following enactments (which give the meaning of "period of childhood and full-time education"), that is to say--

(a) section 9 of the 1951 Act,

(b) section 125 of the 1959 Act,

(c) section 7 of the 1960 Act,

for the words from "do not exceed" to "a year" there shall be substituted the words "do not exceed the maximum allowable remuneration".

(2) In paragraph 1(c)(ii) of Article 9 of the 1964 Order (which gives the meaning of "period of childhood and full-time education"), for the words from "do not exceed" to "a year" there shall be substituted the words "do not exceed the maximum allowable remuneration".

(3) The subsection set out in sub-paragraph (4) below shall be inserted--

(a) numbered as subsection (2A), after subsection (2) of section 9 of the 1951 Act;

(b) numbered as subsection (2A), after subsection (2) of section 125 of the 1959 Act;

(c) numbered as subsection (4A), after subsection (4) of section 7 of the 1960 Act.

(4) The subsection inserted by sub-paragraph (3) above is as follows--

" ( ) For the purposes of subsection (1)(c)(ii), the "maximum allowable remuneration" at any time is an annual rate (£1,614 a year, at the passing of the Judicial Pensions and Retirement Act 1993) equal to that at which a pension of £250 a year--

(a) first awarded under the principal civil service pension scheme (within the meaning of that Act) on 1st June 1972, and

(b) increased from time to time by the amount of increase that would be applied under the [1971 c. 56.] Pensions (Increase) Act 1971 to such a pension,

would (as so increased) be payable at that time, rounding any resulting fraction of £1 up to the next whole £1. "

(5) A paragraph in the same terms as the subsection set out in sub-paragraph (4) above, but with the substitution of the word "paragraph" for the word "subsection", shall be inserted, numbered as paragraph (2A), after paragraph (2) of Article 9 of the 1964 Order.

(6) Paragraph 18 of Schedule 1 to the [1966 c. 27 (N.I.).] Superannuation (Amendment) Act (Northern Ireland) 1966 (orders increasing the earnings limit in subsection (1)(c)(ii) of each of the sections specified in sub-paragraph (1) above) shall cease to have effect.

Appeals

7 (1) The following enactments (which correspond to section 15 of the 1981 Act) shall cease to have effect, that is to say--

(a) section 116(6) of the 1959 Act;

(b) section 14 of the 1960 Act;

(c) paragraph 6(4) of Schedule 10 to the 1975 Act.

(2) The section set out in sub-paragraph (3) below shall be inserted--

(a) numbered as section 132A, after section 132 of the 1959 Act;

(b) numbered as section 21A, after section 21 of the 1960 Act.

(3) The section inserted by sub-paragraph (2) above is as follows--

"   Appeals.

(1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning--

(a) the interpretation of the rules of the scheme, or

(b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the Lord Chancellor against that decision.

(2) On deciding an appeal under this section, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

(3) The persons to whom this section applies are the following--

(a) any member of the scheme;

(b) the widow or widower, or any surviving dependant, of a deceased member of the scheme;

(c) where the decision relates to the question--

(i) whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, or

(ii) whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

(4) The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this section are to be brought.

(5) Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(6) The administrators shall be entitled to appear and be heard on any appeal under this section.

(7) In this section--

• "the administrators", in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

• "member", in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

• "relevant pension scheme" means any pension scheme constituted under or by virtue of this Act;

• "rules", in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme. "

(4) A paragraph in the same terms as the section set out in sub-paragraph (3) above, but with the substitution of the words "this paragraph" for the words "this section", wherever occurring, shall be inserted, numbered as paragraph 7B, after paragraph 7A of Schedule 10 to the 1975 Act.

Additional voluntary contributions

8 (1) The following enactments (which correspond to section 33A of the 1981 Act), that is to say--

(a) section 11A of the 1951 Act,

(b) section 127A of the 1959 Act, and

(c) section 9A of the 1960 Act,

shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1), after the word "provision" there shall be inserted "(a)" and for the words "under the scheme" there shall be substituted the words " whether under the scheme or otherwise; or

(b) imposing conditions with respect to the exercise by any such person of any entitlement (whether or not under paragraph (a)) which he may have to make any such voluntary contributions. "

(3) After that subsection there shall be inserted--

" (1A) The regulations may make provision for the purpose of imposing, in a case where a member makes voluntary contributions, upper limits with respect to--

(a) the aggregate value of the aggregable benefits which may be paid to or in respect of any such member; and

(b) the amount which any such member may pay by way of such contributions;

and, without prejudice to the generality of paragraph (b), the regulations may, in particular, impose such an upper limit on the amount which a member may pay by way of voluntary contributions as will, so far as reasonably practicable, secure that the aggregate value referred to in paragraph (a) will not exceed the limit prescribed under that paragraph.

(1B) The regulations may--

(a) prescribe the manner in which aggregable benefits are to be valued for the purpose of any such aggregation as is mentioned in subsection (1A);

(b) confer on the administrators of a judicial pension scheme power to require a member who is making, or who wishes to make, voluntary contributions to provide such information as they may require concerning any retained benefits of his;

(c) permit the disclosure by those administrators of any information which they may obtain concerning any such retained benefits--

(i) to, or to any officers of, the Commissioners of Inland Revenue; or

(ii) to, or to any servants or agents of, any authorised provider who is, or may be, concerned in the investment of the voluntary contributions or the provision of the additional benefits in question. "

(4) In subsection (2), in paragraph (b) (no limit on voluntary contributions, other than an upper limit corresponding to that imposed by section 594 of the [1988 c. 1.] Income and Corporation Taxes Act 1988) after the words "other than" there shall be inserted the words " either or both of the following, that is to say--

(i) such upper limit as may be imposed by virtue of subsection (1A)(b); or

(ii) " .

(5) At the end of that subsection there shall be added the words--

"but paragraphs (c) and (d) have effect only in relation to a voluntary contributions scheme constituted by or under this Act."

(6) In subsection (3) (regulations about valuation of benefits etc)--

(a) the word "and" immediately preceding paragraph (b) shall be omitted; and

(b) in that paragraph, for the words "limit imposed by virtue of" there shall be substituted the words "such limit as is mentioned in".

(7) At the end of that subsection there shall be added--

" (c) provide for any administrative expenses incurred by any person by virtue of this section to be defrayed out of sums received by way of voluntary contributions;

(d) provide for the manner in which voluntary contributions are to be made;

(e) make provision for, and in connection with, the valuation of a person's accrued rights--

(i) under any occupational or personal pension scheme, which are to be transferred into a voluntary contributions scheme, or

(ii) under any voluntary contributions scheme, which on termination of his membership of that scheme may fall to be transferred into another scheme;

(f) prescribe the additional benefits which are to be available under a voluntary contributions scheme and the rates and times at which those benefits are to be payable;

(g) make provision for and in connection with the making of elections between different benefits available under voluntary contributions schemes;

(h) provide for the terms on which a person may terminate his membership of a voluntary contributions scheme;

(i) provide for the terms on which surplus funds may be refunded to a person who has made payments by way of voluntary contributions to a voluntary contributions scheme;

(j) specify any authorised providers--

(i) who are to invest any prescribed voluntary contributions, or

(ii) who are to provide any prescribed additional benefits,

and, if two or more authorised providers are so specified, may make provision entitling any person who makes prescribed payments by way of voluntary contributions to elect between those authorised providers. "

(8) Subsection (4) (limitation of voluntary contributions by reference to maximum entitlement of members) shall be omitted and before subsection (5) there shall be inserted--

" (4A) The regulations may provide for such additional benefits arising under or by virtue of this section as may be prescribed--

(a) to be charged on, and paid out of, the Consolidated Fund of the United Kingdom; or

(b) to be paid out of money provided by the Parliament of the United Kingdom. "

(9) After subsection (6) there shall be added--

" (7) In this section--

• "administrators", in relation to any scheme, means the persons entrusted with the administration of that scheme;

• "aggregable benefits" means--

  (a)

  any pensions or other benefits under a judicial pension scheme, other than such additional benefits as are mentioned in subsection (1);

  (b)

  such additional benefits so mentioned as may be prescribed; and

  (c)

  such retained benefits as may be prescribed;

• "authorised provider", in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means a person who is authorised under Chapter III of Part I of the [1986 c. 60.] Financial Services Act 1986 to invest those sums or, as the case may be, to provide that benefit;

• "employment" has the same meaning as it has in the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975 (and accordingly includes employment as a self-employed earner, within the meaning of that Order);

• "judicial pension scheme" means a scheme constituted by this Act;

• "member" means member of a judicial pension scheme;

• "occupational pension scheme" has the meaning given by Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975;

• "personal pension scheme" has the meaning given by Article 2(2) of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986;

• "prescribed" means specified in, or determined in accordance with, the regulations;

• "relevant benefits" has the meaning given by section 612(1) of the [1988 c. 1.] Income and Corporation Taxes Act 1988;

• "retained benefits", in the case of any person, means any rights retained by him to relevant benefits under any occupational or personal pension scheme which has, or which may be expected to qualify for, tax-exemption or tax-approval, being rights which accrued during some previous employment;

• "surplus funds", in relation to a person and any voluntary contributions scheme, means any funds which are, or have been, held for the purposes of that voluntary contributions scheme and which fall to be returned to him in consequence of any such limit as is mentioned in subsection (2)(b);

• "tax-exemption" and "tax-approval" have the meaning given by Article 2(2) of the Social Security (Northern Ireland) Order 1986;

• "voluntary contributions", in relation to any member of a judicial pension scheme, means voluntary contributions towards the provision of additional benefits, whether under that scheme or otherwise;

• "voluntary contributions scheme" means any occupational pension scheme if and to the extent that it is a scheme under which such additional benefits as are mentioned in subsection (1) are, or are to be, provided;

and, where a person's voluntary contributions are made by deduction from salary, any reference to payment of, or by way of, voluntary contributions shall be taken to include a reference to the making of voluntary contributions by deduction or, as the case may require, to any voluntary contributions so made.

(8) Without prejudice to subsections (3)(c) and (d) and (4A), there may be paid out of money provided by the Parliament of the United Kingdom--

(a) any sums required for or in connection with the operation or administration of any prescribed voluntary contributions scheme; or

(b) any administrative expenses incurred under or by virtue of this section by a Minister of the Crown or government department.

(9) Any sums received under this section may be paid into the Consolidated Fund of the United Kingdom. "

Section 25.

SCHEDULE 4 Pensions for senior public investigative officers

Part I The Comptroller and Auditor General

1 For section 13 of the [1972 c. 11.] Superannuation Act 1972 (pension provision for the Comptroller and Auditor General) there shall be substituted--

" 13 The Comptroller and Auditor General.

(1) A person who first holds office on or after the appointed day as the Comptroller and Auditor General (in this section referred to as "the Comptroller") shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between--

(a) the scheme of pensions and other benefits under that judicial pension scheme (his "former scheme");

(b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act ("the 1993 scheme"); and

(c) the scheme of pensions and other benefits applicable under section 1 of this Act to the civil service of the State ("the civil service scheme");

and, if he is not entitled to make an election under this subsection, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

(2) If a person who held the office of Comptroller before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this subsection between--

(a) the old judicial scheme; and

(b) the 1993 scheme;

and, if he fails to make an election under this subsection, he shall be taken to have elected for the old judicial scheme.

(3) If a person who held the office of Comptroller before the appointed day--

(a) has made an election under the former enactments for the civil service scheme, or

(b) has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),

he shall be treated as if he had been entitled to make an election under this section and had elected for the civil service scheme.

(4) Where a person elects under this section for his former scheme, that scheme shall, subject to regulations under this section, apply as if his service as Comptroller were service which was subject, in his case, to that scheme.

(5) A person who elects under subsection (1)(b) or (2)(b) above for the 1993 scheme, shall be entitled, when he ceases to hold office as Comptroller, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either--

(a) he has attained the age of 65; or

(b) he is disabled by permanent infirmity for the performance of the duties of the office;

and, subject to the following provisions of, and regulations under, this section, the provisions of Part I of that Act (other than sections 1(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Comptroller as they apply in relation to a person to whom Part I of that Act applies.

(6) Subject to regulations under this section, in the application of provisions of the 1993 Act by virtue of subsection (5) above, a person who elects for the 1993 scheme shall be treated--

(a) as if the office of Comptroller were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

(b) as if his election under this section were an election such as is mentioned in paragraph (d) of section 1(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

(c) as if his pension by virtue of this section were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

(d) for the purpose of determining, in the event of his death, the rate of any surviving spouse's or children's pension payable under sections 5 to 8 of that Act in respect of his service as Comptroller, as if references in those sections to the annual rate of the deceased's judicial pension were references--

(i) where a pension had commenced to be paid to him by virtue of subsection (5) above, to the appropriate annual rate of that pension; or

(ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of subsection (5)(b) above, had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death;

and, in the application of that Act to the Comptroller (whether by virtue of subsection (1)(a) or (b) or (2)(b) above) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Treasury and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Treasury.

(7) Where a person elects under this section for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall, subject to regulations under this section, apply as if his service as Comptroller were service in employment in the civil service of the State.

(8) Where a person elects under this section for the old judicial scheme, that scheme and the former enactments shall, subject to regulations under this section, continue to have effect in relation to him and his service in the office of Comptroller.

(9) Any power to make an election under this section shall be exercisable within such time and in such manner as may be prescribed in regulations under this section.

(10) The Treasury may make regulations for purposes supplementary to the other provisions of this section.

(11) Any such regulations may, without prejudice to section 38 or 39A of the [1965 c. 74.] Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom--

(a) his former scheme,

(b) the 1993 scheme,

(c) the civil service scheme, or

(d) the old judicial scheme,

applies, or has applied, in respect of any service other than service as Comptroller.

(12) The provision that may be made by virtue of subsection (11) above includes provision--

(a) for aggregating--

(i) other service falling within his former scheme, the 1993 scheme or the old judicial scheme with service as Comptroller, or

(ii) service as Comptroller with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

(b) for increasing the amount of the benefit payable under any of the schemes mentioned in paragraph (a)(i) above, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

(13) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

(14) Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

(15) In this section--

• "the 1981 Act" means the [1981 c. 20.] Judicial Pensions Act 1981;

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

• "the appointed day" means the day on which Part I of Schedule 4 to the 1993 Act comes into force;

• "the former enactments" means section 13 of this Act, as it had effect from time to time before the appointed day;

• "judicial pension scheme" means any public service pension scheme, as defined in--

  (a)

  section 66(1) of the [1975 c. 60.] Social Security Pensions Act 1975, or

  (b)

  Article 2(2) of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975,

  under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme;

• "the old judicial scheme" means the statutory scheme of pensions and other benefits applicable under or by virtue of the 1981 Act to the judicial offices listed in section 1 of that Act. "

Part II The Parliamentary Commissioner for Administration

2 For Schedule 1 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (pension provision for the Parliamentary Commissioner for Administration) there shall be substituted--

Section 2.

" SCHEDULE 1 Pensions and other benefits

Persons taking office after the appointed day

1 A person who first holds office as the Commissioner on or after the appointed day shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between--

(a) the scheme of pensions and other benefits under that judicial pension scheme (his "former scheme");

(b) (if different from his former scheme) the scheme of pensions and other benefits constituted by Part I of the 1993 Act ("the 1993 scheme"); and

(c) the scheme of pensions and other benefits applicable under section 1 of the [1972 c. 11.] Superannuation Act 1972 to the civil service of the State ("the civil service scheme");

and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

Transitional provision for persons appointed before the appointed day

2 (1) If a person who held the office of Commissioner before the appointed day has made an election under the former enactments for the old judicial scheme, he shall be entitled to make an election under this sub-paragraph between--

(a) the old judicial scheme; and

(b) the 1993 scheme;

and, if he fails to make an election under this sub-paragraph, he shall be taken to have elected for the old judicial scheme.

(2) If a person who held the office of Commissioner before the appointed day--

(a) has made an election under the former enactments for the civil service scheme, or

(b) has failed to make an election under those enactments (so that he is taken to have elected for the civil service scheme),

he shall be treated as if he had been entitled to make an election under this Schedule and had elected for the civil service scheme.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

-- Back --