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07 February 2013
Issue: 7547 / Categories: Legal News
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Judges spared reforms

Pensions reforms will not impact a significant number of the judiciary

About three-quarters of the judiciary are to be spared the controversial new pensions regime, Justice Secretary Chris Grayling has confirmed.

Judges within 10 years of pension age at 1 April 2012—about 75% of the judiciary, according to the Ministry of Justice (MoJ)—will be allowed to continue with their current arrangements. The rest will move to the new judicial pensions scheme on 1 April 2015.

An MoJ spokesperson said some of the details are still to be decided, and that there will be some judicial input into the decision-making process. However, the new judicial pension scheme would be “in line with” reforms to the public-sector pension scheme and would reflect Lord Hutton’s independent report into public-service pensions in 2011.

In April 2012, judges began to make pension contributions for the first time, giving 1.28% of their salary to their own pension and 1.8% or 2.4% towards a pension for their spousal partner. These contributions are likely to continue to rise until 1 April 2014, the MoJ spokesperson said.

Meanwhile, part-time judges have now won pension rights. Five justices of the Supreme Court unanimously held this week that part-time recorders are entitled to judicial pensions as they are in an employment relationship, in O’Brien v MoJ [2013] UKSC 6.

Rachel Crasnow from Cloisters Chambers, who represents Mr O’Brien, commented that although her client was a retired recorder, the case wouldl affect over 8,000 part-time judges who currently sit in a range of courts and tribunals. "All such retired judges will be entitled to their pro-rated pensions back-dated to their date of retirement as long as they put claims in," she added.

Issue: 7547 / Categories: Legal News
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