Who are the current members of the Judicial Pension Board (JPB)?
- Jill Youds
Independent Board Members
- Russell Agius
- Susan Andrews
- Ellen Kelleher
- His Honour Judge David John Cooke
- The Honourable Mr Justice Tim Fancourt
- The Honourable Lady Morag Wise
- Professor Stephen Hardy
- Jason Latham, Deputy Director, Tribunals, HM Courts & Tribunals Service
- Peter Luney, Acting CEO, Northern Ireland Courts & Tribunals
- Caroline Patterson, Director, Management and Control, Finance Directorate, Ministry of Justice
- Sarah Wallace, Deputy Director, Finance, HM Courts & Tribunals Service
Update on the O’Brien Judgement
When will claims be settled?
Work is currently underway to progress the settlement of these claims. XPS will make interim payments in lieu of pension on behalf of the MoJ to eligible retired claimants for their fee-paid service prior to 7 April 2000 prior to a statutory remedy being confirmed.
Work is currently underway to calculate and process payments and we anticipate that additional payments to members will commence from April 2020 at the earliest.
Are there any decisions outstanding?
There are outstanding methodology points still under consideration and the MoJ will need to issue a consultation to determine the basis on which benefits for multiple-office holders, those with benefit enhancements and pre-95 service are to be calculated. At the time of writing, the MoJ hopes to be in a position to make payments to individuals falling within these categories during the summer when the outcome of the consultation should be available.
Update on McCloud Judgement
What’s the current position?
XPS in collaboration with the MoJ are currently working to rectify the pension records of members affected by this judgment, returning them to the Judicial Pensions Scheme 1993.
When is it likely to be resolved?
The MoJ is working hard to establish how best to address the difference in treatment for all scheme members with relevant service. The aim is to resolve the situation as quickly as possible but the issues involved are complex and require decisions across Government departments. The importance of providing early clarity on tax treatment is recognised. The MoJ have prioritised this and are working with HM Treasury to progress matters.
What interim measures have been taken?
The MoJ has instructed Liberata and XPS to stop transferring judges from JUPRA when their taper protection ends.
When will the next update be?
The MoJ will aim to issue a further update in due course providing more detail on its proposed approach.
What was the outcome of the judgement?
The Court of Appeal judgment in McCloud & Others v MoJ held that the transitional provisions, Part 2, Schedule 2 of the Judicial Pension Regulations 2015 treat the Claimants less favourably than their comparators by reason of age. The case returned to the Employment Tribunal on Monday, 7 October 2019 to deal with remedy. At the case management hearing, Employment Judge Williams issued an interim declaration:
“BY CONSENT it is ordered that pending the final determination of the issue of remedy, it is declared that the Claimants listed in Schedule A are entitled, pursuant to section 61 of the Equality Act 2010, to be treated as continuing to satisfy paragraph 8(2)(c) of Schedule 2 to the Judicial Pensions Regulations 2015 from 1 April 2015.”
Following this declaration, the MoJ accepts that the transitional provisions of the Judicial Pension Regulations 2015 no longer apply. There will be no further transfers of judges with taper protection. Those judges will remain in their existing schemes.
Using your member account
How do I register for my member account?
To register for the member site, please click on the 'Login' button at the top of the page and enter your Username and Password then follow the instructions on screen.
I have forgotten my password, what should I do?
If you have already registered for the member site then you will find a password reset link on the login screen (by clicking 'Login' above) which will allow you to reset your account. If you have not previously registered and no longer have your registration details, you can get the information you need by emailing [email protected]
Can I see what my fund will be when I retire?
We have provided links to some DC modelling tools to give you an idea of the fund value you might have when you get to retirement and how much you could get from it. To use this tool, go to the home page and click 'Estimate your pension' or just click here.
Staying alert for pension scams
Where can I found out more about pension scams?
We've put together some information to help you know what to look out for when you're approached by a potential scammer and what to do if you think you have been targeted, just click here.
Annual Allowance and Scheme Pays
What is the Annual Allowance?
You can save as much as you like into a tax registered pension scheme but the Annual Allowance limits the amount of tax relief that applies to your pension savings. If the pension you build up in the Scheme is above your Annual Allowance, you may need to pay more tax. The Standard Annual Allowance is £40,000 for 2018/19, but you may have a lower Annual Allowance (Tapered or Money Purchase, see below).
What is Scheme Pays?
It is a way of settling extra tax you have to pay because you have built up more pension benefits in a year than is allowed under Annual Allowance laws. If you use Scheme Pays, some of your future benefits are used to settle the tax, so you will get less Scheme pension when you retire.
What is the Tapered Annual Allowance?
The Tapered Annual Allowance is a way of reducing pension tax relief for high earners. It works by reduced the Standard Annual Allowance by £1 for every £2 of earnings over £150,000. The lowest Tapered Annual Allowance possible is £10,000, which applies to someone earning £210,000 or more.
The earnings used are your Adjusted Income, which includes all taxable income along with any pension you have built up over the period. Threshold Income is the same figure but without the pension element (so it will be lower). The Tapered Annual Allowance only applied to people with Threshold Income of at least £110,000.
What is the Money Purchase Annual Allowance?
If you’ve already taken cash or flexible income from a pension arrangement (known as flexibly accessing your pension savings), the Money Purchase Annual Allowance of £4,000 would apply to your future defined contribution savings (such as AVCs).
In most cases, the rest of your overall Annual Allowance, called your Alternative Annual Allowance, can be used for your defined benefit pension savings. This is usually £36,000, but if you also have a Tapered Annual Allowance it will be less.
What is Carry Forward?
You can ‘carry forward’ unused Annual Allowance from the three previous tax years to increase your current Annual Allowance and potentially reduce or remove a current tax charge. You must have been a member of a tax registered pension scheme at some point in each tax year that you carry forward unused Annual Allowance.
Can my extra tax be taken from my salary?
No, only you or the Scheme can pay the tax charge.
What if I transfer my Scheme benefits to another pension arrangements?
The amount paid across will reflect any Scheme Pays reduction.
Can I choose Scheme Pays after I have retired?
Will Scheme Pays affect my dependants’ pension?
No, the benefits paid to your dependants will be based on your pension before it is reduced by Scheme Pays.
What happens if I go over the Annual Allowance again?
The process is repeated for any tax year in which your Scheme benefits go over the Standard Annual Allowance. If a new Scheme Pays reduction applies, it will be added to the cumulative reduction from previous years.
Where can I find more information?
Please refer to the JPS 2015 Annual Allowance and Scheme Pays Guide under Documents.