Commentary on Sections Part 5 – Miscellaneous Section 78: Pension scheme for fee-paid judgesSchedule 5: Pension scheme for fee-paid judges: consequential amendments
247.This section provides for a power under the Judicial Pensions and Retirement Act 1993 to enable the Lord Chancellor to establish a pension scheme for eligible fee-paid judges in the United Kingdom, as required by case law. This is for historic cases only. As things currently stand, the case law requires pensions to be provided in respect of service reaching back to 7 April 2000, but the point is subject to appeal. It also ensures that fee-paid judges who are subsequently appointed to the salaried judiciary are extended the same protection rights as members of existing public service pension schemes as provided for in regulations under the Public Service Pensions Act 2013.
248.Schedule 5 contains amendments. Some of the amendments ensure that pensions under the new scheme for fee-paid judges go up with inflation.