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Judicial Pensions and Retirement Act 1993

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This is the original version (as it was originally enacted).

12Transfer of rights of persons holding qualifying judicial office before commencement

(1)Where this Part begins to apply to a person by virtue of paragraph (b), (c) or (d) of section 1(1) above—

(a)any relevant rights of his shall be transferred to the scheme constituted by this Part; and

(b)entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of him shall accordingly be determined by reference to—

(i)the rights so transferred; and

(ii)his service in qualifying judicial office on or after the relevant day.

(2)Regulations may make provision—

(a)for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

(b)prescribing the manner in which those rights are to be given effect under this Part,

and, without prejudice to the generality of paragraph (b) above, regulations under that paragraph may provide for those rights to be so given effect by crediting the person in question with such service on or after the relevant day as may be prescribed.

(3)For the purposes of this section—

(a)a person’s “relevant rights” are his accrued rights to benefit under any judicial pension scheme constituted otherwise than by or under this Act; but

(b)rights under—

(i)the principal civil service pension scheme, or

(ii)the principal civil service pension scheme for the civil service of Northern Ireland,

shall not be regarded as relevant rights for the purposes of this section unless at least some of the person’s service which was subject to the scheme in question was service in qualifying judicial office and, in that event, all his rights under that scheme shall be regarded as relevant rights.

(4)In this section—

  • “prescribe” means prescribe in regulations;

  • “regulations” means regulations made by the appropriate Minister with the concurrence of the Treasury;

  • “the relevant day”, in relation to any person, means the day on which this Part first applies to him.

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