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).