
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 (“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—“
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.”.
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 formulaABwhere—aA 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; andbB 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 formulaX+Z(Y-X)12where—aX 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;bY 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; andcZ 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 1996M. Forsyth
One of Her Majesty’s Principal Secretaries of State
Dated 10th January 1996We concur
Liam Fox
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th January 1996
SCHEDULE
Regulation 16


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 – – – – – – – – – – – – – – – –