Legislation – Public Service Pensions and Judicial Offices Act 2022

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Introduction

PART 1
Public service pension schemes

CHAPTER 1 Schemes other than judicial schemes and local government schemes

Remediable service

1 Meaning of “remediable service”

Retrospective provision about remediable service

2 Remediable service treated as pensionable under Chapter 1 legacy schemes

3 Benefits already paid

4 Meaning of “the relevant Chapter 1 legacy scheme” etc

5 Election for retrospective provision to apply to opted-out service

Pensioner and deceased members: immediate choice of new scheme benefits

6 Immediate choice to receive new scheme benefits

7 Elections by virtue of section 6: timing and procedure

8 Power to deem election by virtue of section 6 to have been made

9 Persons with remediable service in more than one Chapter 1 legacy scheme

Active and deferred members: deferred choice of new scheme benefits

10 Deferred choice to receive new scheme benefits

11 Elections by virtue of section 10: timing and procedure

12 Power to deem election by virtue of section 10 to have been made

13 Persons with remediable service in more than one Chapter 1 legacy scheme

Pension benefits and contributions: corrections

14 Pension benefits and lump sum benefits: pensioner and deceased members

15 Pension contributions: pensioner and deceased members

16 Pension contributions: active and deferred members (immediate correction)

17 Pension contributions: active and deferred members (deferred correction)

18 Powers to reduce or waive liabilities

Powers to make provision in relation to special cases

19 Pension credit members

20 Voluntary contributions

21 Transfers

22 Further powers to make provision about special cases

Compensation

23 Power to pay compensation

24 Indirect compensation

25 Remedial arrangements to pay voluntary contributions to legacy schemes

Further provision about corrections, special cases and compensation

26 Interest and process

27 Treasury directions

Miscellaneous

28 Scheme rules that prohibit unauthorised payments

29 Remediable service statements

30 Section 61 of the Equality Act 2010 etc

Immediate detriment cases

31 Application of Chapter to immediate detriment cases

32 Whether an “immediate detriment remedy” has been obtained

Interpretation

33 Meaning of “Chapter 1 scheme” etc

34 Meaning of “new scheme benefits”

35 Meaning of “legacy scheme contributions” and “new scheme contributions”

36 Meaning of “opted-out service”

37 Scheme regulations

38 Interpretation of Chapter

CHAPTER 2 Judicial schemes

Remediable service

39 Meaning of “remediable service”

Options exercise

40 Legacy scheme elections

41 Partnership pension account: requirement to transfer and surrender rights

42 Legacy scheme elections: effect

43 Meaning of “the relevant judicial legacy salaried scheme”

44 2015 scheme elections

45 2015 scheme elections: effect

46 Person by whom election is to be made

Options exercise: further provision

47 Cases in which 2015 scheme election treated as made

48 Benefits for children where election made

49 Effect of elections on benefits previously paid or payable

50 Effect of elections on pension contributions previously paid or payable

Pension benefits and contributions: corrections

51 Pension benefits and lump sums benefits

52 Pension contributions

53 Effective pension age payments

54 Transitional protection allowance

55 Power to reduce benefits in lieu of paying liabilities owed to scheme

56 Powers to reduce or waive liabilities

Powers to make provision in relation to special cases

57 Pension credit members

58 Further powers to make provision about special cases

Compensation

59 Power to pay compensation

60 Remedial arrangements to pay voluntary contributions to judicial schemes

Further provision about corrections, special cases and compensation

61 Interest and process

62 Treasury directions

Miscellaneous

63 Scheme rules that prohibit unauthorised payments

64 Information statements

65 Power to delegate

66 Section 61 of the Equality Act 2010 etc

Immediate detriment cases

67 Application of Chapter to immediate detriment cases

68 Whether an “immediate detriment remedy” has been obtained

Interpretation

69 Meaning of “the election period”

70 Meaning of “a judicial scheme” etc

71 Meaning of “judicial office” etc

72 Meaning of “the relevant authority”

73 Meaning of “opted-out service” and “PPA opted-out service”

74 Scheme regulations

75 Interpretation of Chapter

76 Modifications of Chapter in relation to fee-paid judicial offices

CHAPTER 3 Local government schemes

Remediable service

77 Meaning of “remediable service”

Power to pay final salary benefits

78 Power to pay final salary benefits

79 Section 78: transitional provision

Power to make provision in relation to special cases

80 Pension credit members

81 Further powers to make provision about special cases

Compensation

82 Power to pay compensation

83 Indirect compensation

Further provision about final salary benefits, special cases and compensation

84 Interest and process

85 Treasury directions

Interpretation

86 Meaning of “local government scheme” etc

87 Interpretation of Chapter

CHAPTER 4 General

Restriction of schemes from 31 March 2022

88 Restriction of existing schemes

89 Restriction of existing schemes: savings and transitional provision

90 Restriction of other schemes

91 Prohibition of new arrangements to pay voluntary contributions

Employer cost cap

92 Amendments relating to employer cost cap

93 Operation of employer cost cap in relation to 2016/17 valuation

Other amendments of PSPA 2013 and PSPA(NI) 2014

94 Amendments relating to scheme regulations

95 Amendments relating to the establishment or restriction of schemes

96 Amendments relating to the Secret Intelligence Service etc

97 Amendments relating to the judiciary

98 Amendments relating to non-scheme benefits

99 Amendments relating to pension schemes for members of the Senedd

100 Guidance to public service pension scheme managers on investment decisions

Miscellaneous

101 Power of Treasury to make scheme for compensation

102 Power of Department of Finance to make scheme for compensation

103 Power to make provision in relation to certain fee-paid judges

104 HMRC information-sharing and other functions relating to compensation etc

105 Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006

106 Minor amendment

107 Parliamentary procedure for judicial schemes: transitory provision

108 Power to make consequential provision

Interpretation of Part

109 Meaning of “member” etc

110 Interpretation of Part

PART 2
Pensions and Banking (Special Provisions) Act 2008 Bodies

111 Establishment of new public schemes and transfer of rights

112 New public schemes: further provision

113 Protection against adverse treatment: transfer of rights

114 Protection against adverse treatment: amendment of new public schemes

115 Transfer of assets and liabilities

116 Transfer of other pensions and benefits

117 Taxation

118 Information

119 Regulations

120 Interpretation

PART 3
Judicial offices

121 Retirement date for holders of judicial offices etc

122 Allowances for judicial office holders

123 Sitting in retirement offices

124 Appointment to sitting in retirement offices

125 Appointment to sitting in retirement offices: further provision

126 Discipline and removal from office

127 Power to add new offices

128 Consequential etc provision

PART 4
General

129 Regulations and directions

130 Extent

131 Commencement

132 Short title

SCHEDULES

SCHEDULE 1 Retirement date for holders of judicial offices etc

SCHEDULE 2 Allowances payable to judicial office holders

SCHEDULE 3 Judicial offices

SCHEDULE 4 Consequential etc amendments in connection with Part 3

Changes to legislation:

Public Service Pensions and Judicial Offices Act 2022, SCHEDULE 4 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.


View outstanding changes

Changes and effects yet to be applied to Schedule 4:

  • Sch. 4 para. 2(1) repealed by 2022 c. 7 Sch. 4 para. 2(2) (This amendment comes into force when the repeal of 1970 c. 31, s. 10 by 2007 c. 15, Sch. 23 Pt. 6 comes into force)

SCHEDULES

SCHEDULE 4Consequential etc amendments in connection with Part 3

Section 128

PART 1Amendments of primary legislation

Courts-Martial Appeals Act 1951 (c. 46)

1

In section 30 of the Courts-Martial Appeals Act 1951 (assistants to judge advocate general), omit subsections (3) to (5).

Administration of Justice Act 1970 (c. 31)

2

(1)

In section 10 of the Administration of Justice Act 1970 (temporary additional judges), omit subsection (1A)(b).

(2)

Sub-paragraph (1) is repealed on the coming into force of the repeal of section 10 of the Administration of Justice Act 1970 under Part 6 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007.

Courts Act 1971 (c. 23)

3

In the Courts Act 1971, omit section 24 (deputy circuit judges).

Judicature (Northern Ireland) Act 1978 (c. 23)

4

In section 7 of the Judicature (Northern Ireland) Act 1978 (further assistance for transaction of judicial business), omit subsection (1)(b) and the word “or” preceding it.

Senior Courts Act 1981 (c. 54)

5

(1)

The Senior Courts Act 1981 is amended as follows.

(2)

In section 9 (assistance for transaction of judicial business)—

(a)

in subsection (1), in the table—

(i)

in the heading to column 1 omit “or ex-judge”;

(ii)

omit rows 2 and 4;

(b)

in subsection (2B), omit the words from the beginning to “Table,”;

(c)

omit subsection (2C);

(d)

in subsection (3), omit paragraphs (a) and (b);

(e)

omit subsection (8)(a).

(3)

In section 91 (deputies and temporary appointments)—

(a)

in subsection (1ZC), omit the words from “, or”, the first time it occurs, to “effect”;

(b)

in subsection (2), omit the words from the beginning to “(3),”;

(c)

omit subsection (3).

(4)

In section 92 (tenure of office of certain officers of Senior Courts), in subsection (1), omit “and to section 91(3)”.

(5)

In section 102 (deputy district judges), omit subsections (1B), (1C) and (3).

County Courts Act 1984 (c. 28)

6

(1)

The County Courts Act 1984 is amended as follows.

(2)

In section 5 (judges of the county court), in subsection (1), omit the words after paragraph (c).

(3)

In section 8 (deputy district judges), omit subsections (1ZB) and (1ZC).

Matrimonial and Family Proceedings Act 1984 (c. 42)

7

In section 31C of the Matrimonial and Family Proceedings Act 1984 (judges), in subsection (1), omit the words after paragraph (y).

Judicial Pensions and Retirement Act 1993 (c. 8)

8

(1)

The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)

In section 26(7) (retirement date for holders of certain judicial offices etc), omit paragraphs (d), (f), (g) and (ga).

(3)

In Schedule 5 (retirement provisions: the relevant offices)—

(a)

in the entry for deputy or temporary master, Queen’s Bench Division, omit the words from “otherwise” to “section”;

(b)

in the entry for deputy or temporary admiralty registrar, omit the words from “otherwise” to “section”;

(c)

in the entry for deputy or temporary master, Chancery Division, omit the words from “otherwise” to “section”;

(d)

in the entry for deputy or temporary insolvency and companies court judge, omit the words from “otherwise” to “section”;

(e)

in the entry for deputy or temporary taxing master of the Senior Courts, omit the words from “otherwise” to “section”;

(f)

in the entry for deputy or temporary district judge of the principal registry of the Family Division, omit the words from “otherwise” to “section”;

(g)

in the entry for deputy or temporary registrar of civil appeals, omit the words from “otherwise” to “section”;

(h)

in the entry for deputy district judge appointed under section 102 of the Senior Courts Act 1981, omit the words from “, except” to the end;

(i)

in the entry for deputy district judge appointed under section 8 of the County Courts Act 1984, omit the words from “, except” to the end;

(j)

at the end, after the insertions made by Schedule 1, insert—

““Sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022”.

Employment Tribunals Act 1996 (c. 17)

9

In section 24 of the Employment Tribunals Act 1996 (temporary additional judicial membership), in subsection (2), omit the words from the first “or” to the end.

Courts Act 2003 (c. 39)

10

(1)

Section 64 of the Courts Act 2003 (power to alter judicial titles) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

The Lord Chancellor may by order—

(a)

alter the name of a relevant office;

(b)

provide for or alter the way in which a relevant office is to be styled.

(2B)

In subsection (2A) “a relevant office” is a sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022 for which the corresponding original office is listed in Part 1 of Schedule 3 to that Act.”

(3)

In subsection (5), after “(1)” insert “, (2A)”.

Constitutional Reform Act 2005 (c. 4)

11

(1)

The Constitutional Reform Act 2005 is amended as follows.

(2)

In section 85 (selection of puisne judges and other office holders)—

(a)

in subsection (2A)—

(i)

omit paragraphs (a) and (c);

(ii)

in paragraph (b), for “sections 91(1ZB) and 102(1C)” substitute “section 91(1ZB)”;

(iii)

for paragraph (d) substitute—

“(d)

section 94AA below.”;

(b)

in subsection (4)—

(i)

omit “94A,”;

(ii)

omit “or 94B”.

(3)

Omit section 94A (appointments not subject to section 85: courts).

(4)

Omit section 94B (appointments not subject to section 85: tribunals).

(5)

In section 97 (Scotland and Northern Ireland)—

(a)

in subsection (1), omit paragraph (ca);

(b)

in subsection (4), omit “94A(1) or”;

(c)

omit subsections (5) and (6).

(6)

In Schedule 7 (protected functions of the Lord Chancellor), in Part A of paragraph 4—

(a)

in the entry for the Courts Act 1971, omit “section 24”;

(b)

at the end insert—

“Public Service Pensions and Judicial Offices Act 2022

  • Section 124(3) and (4)

  • Section 127”.

PART 2Amendments of secondary legislation

Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917)

12

In the Access to Justice Act 1999 (Destination of Appeals) Order 2016 (appeals from the county court), omit article 5(1)(b).

PART 3Repeal of spent provisions

Judicial Pensions and Retirement Act 1993 (c. 8)

13

(1)

The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)

Omit section 26(11).

(3)

In Schedule 7 (retirement dates: transitional provisions), omit paragraph 1(2).

Tribunals, Courts and Enforcement Act 2007 (c. 15)

14

(1)

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2)

In section 53 (transfer from salaried to fee-paid judicial office), omit subsections (2) and (6)(b).

(3)

Omit section 58 (appointment of temporary assistants to Judge Advocate General).

Crime and Courts Act 2013 (c. 22)

15

In Schedule 13 to the Crime and Courts Act 2013 (judicial appointments), omit paragraphs 40 and 48.