delete Transitional provisions
The Judicial Pensions Regulations 2022 establish a career average revalued earnings defined benefit pension scheme for the judiciary and related office holders. The Regulations cover: membership eligibility and opt-in/opt-out provisions; pensionable earnings calculation; retirement benefits (full retirement, partial retirement, ill-health); death benefits; member contributions; pension credits; transfer values; and administrative mechanisms including the Judicial Pension Board and scheme advisory board. They replace the 2015 Regulations and include transitional provisions for transition members.
This is a complex, verbose statutory instrument (460+ pages in full) that represents government management of its own employees' retirement obligations. The core problem: it imposes a costly defined-benefit pension structure on judges that creates massive unfunded liabilities ultimately borne by taxpayers. The competitive pension privileges for judicial officeholders - including gold-plated early retirement provisions and inflation-protected lifetime annuities - distort judicial labor markets, restrict mobility, and represent a form of compensation that crowds out alternative arrangements. For fee-paid judges especially, the complex annualised fee calculations and multiple assignment provisions add bureaucratic overhead without clear benefit. The scheme's existence as an elaborate public-sector occupational scheme is itself the problem: it removes retirement planning from individual choice and market discipline. While deletion requires addressing accrued rights, the framework itself - with its 100+ regulations, multiple schedules, and intricate defined-benefit formulae - should be repealed and replaced with a simpler defined-contribution arrangement that gives judges ownership of their retirement savings rather than dependent government provision.