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The Judicial Pensions Regulations (Northern Ireland) 2015
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Changes over time for: Section 60
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- 18/02/2015- Amendment
- 01/04/2022- Amendment
- 01/04/2022
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Exercise of partial retirement optionN.I.
60.—(1) This regulation applies if—
(a)a person (P) is an active member of this scheme in relation to a continuous period of pensionable service;
(b)P has reached normal minimum pension age;
(c)the terms of P's appointment have changed and as a result of that change the [F1amount] of P's pensionable earnings is reduced to 80% of their amount before the change or less; and
(d)P would be entitled to the immediate payment of a full retirement pension in relation to that period of service if P left pensionable service and claimed payment of the pension.
(2) P may opt to continue in pensionable service but claim payment of the whole or part only of P's accrued pensions [F2in respect of a particular office] for the continuous period of pensionable service before P's pensionable earnings were reduced (“partial retirement option”).
(3) P may not exercise a partial retirement option more than once in relation to a description of accrued pension.
[F3(4) Where P holds more than one judicial office—
(a)P may exercise a partial retirement option separately in relation to each office held; and
(b)P may only access the pension accrued in relation to the particular office or offices in respect of which P is exercising the partial retirement option.
(5) For the purposes of calculating P’s annual pensionable earnings in relation to paragraph (1)(c) where P is a fee-paid office holder, the amount of pensionable earnings that P receives in respect of a particular office is calculated as follows—
Z per annum, where:
where—
J means the total fee-paid income in respect of that office over the preceding three years, or, if less than three years, over the period since P was first appointed to that office;
K means the lesser of—
(a)
3; or
(b)
the period in years (and a fraction of a year, determined by complete months) from the first sitting day in that particular office until the date of partial retirement;
“complete month” includes an incomplete month that consists of at least 16 days; and
Z means the annualised total of fees from that particular office.]
Textual Amendments
F1Word in reg. 60(1)(c) substituted (1.4.2022) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/73), regs. 1(2), 3(7)(a)
F2Words in reg. 60(2) inserted (1.4.2022) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/73), regs. 1(2), 3(7)(b)
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