SCHEDULES

SCHEDULE 9Tribunals: transitional provision

Part 3Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Continuation of existing public service pension arrangements in certain cases

13

1

Sub-paragraph (2) applies if—

a

a person, as a result of provision under section 31(2), becomes the holder of a new office,

b

either—

i

the person held qualifying judicial office immediately before 31st March 1995, or

ii

before becoming the holder of the new office, the person has never held qualifying judicial office,

c

immediately before the person becomes the holder of the new office—

i

the person holds an office within paragraph (a), (b) or (c) of section 31(2) (the “old office”), and

ii

the person's service in the old office is subject to a public service pension scheme,

d

the person, on becoming the holder of the new office, holds the new office on a salaried basis, and

e

immediately after the person becomes the holder of the new office, the person—

i

is not a person to whom Part 1 of the 1993 Act applies, and

ii

is not a person to whom that Part would apply but for section 13 of that Act.

2

The person's service in the new office, so far as it is service during the continuity period—

a

shall be subject to that public service pension scheme, and

b

shall be subject to that scheme in a way that corresponds to the way in which the person's service in the old office was subject to that scheme.

3

In sub-paragraph (2) “the continuity period” means the period—

a

that begins when the person becomes the holder of the new office on a salaried basis, and

b

that ends with whichever of the following first happens after that—

i

the person's ceasing to hold the new office,

ii

the person's ceasing to hold the new office on a salaried basis without ceasing to hold the new office,

iii

the person's becoming a person to whom Part 1 of the 1993 Act applies, and

iv

the person's becoming a person to whom Part 1 of the 1993 Act would apply but for section 13 of that Act.

4

For the purposes of sub-paragraph (1)(c)(ii), the person's service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him.

5

A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office.

6

In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—

a

section 1 of the Pension Schemes Act 1993 (c. 48), or

b

section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).