PART 1Public service pension schemes

CHAPTER 2Judicial schemes

Powers to make provision in relation to special cases

I1I2C157Pension credit members

1

Scheme regulations for a judicial scheme may make provision about the benefits payable to or in respect of a relevant pension credit member and the corresponding pension debit member.

2

In this section “relevant pension credit member”, in relation to a judicial scheme, means a person who has rights under the scheme—

a

which are attributable (directly or indirectly) to a pension credit, and

b

the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable service in a judicial office of another person.

3

In this section “the corresponding pension debit member”, in relation to a relevant pension credit member, means the person mentioned in subsection (2)(b).

4

The provision that may be made under subsection (1) includes provision under which—

a

the pension debit of the corresponding pension debit member is adjusted where a legacy scheme election or a 2015 scheme election is made in respect of a member;

b

the pension credit of a relevant pension credit member is adjusted on the assumption that a legacy scheme election or a 2015 scheme election is made in respect of the corresponding pension debit member (regardless of whether it in fact is).

5

Provision made under subsection (1) must include provision under which, in a case in which the corresponding pension debit member in relation to a relevant pension credit member has mixed service, any pension credit retained by the relevant pension credit member under the scheme is of a value determined by reference to the value of benefits payable under only one judicial scheme.

6

For the purposes of this section a person’s remediable service in a judicial office is “mixed service” if, disregarding any legacy scheme election or 2015 scheme election made in respect of the person—

a

some of the service is pensionable service under a judicial legacy scheme, and

b

some of the service is pensionable service under a judicial 2015 scheme.

7

In this section—

  • pension debit” means a debit under section 29(1)(a) of WPRA 1999 or Article 26(1)(a) of WRP(NI)O 1999;

  • pension credit” means a credit under section 29(1)(b) of WPRA 1999 or Article 26(1)(b) of WRP(NI)O 1999.