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Statutory Instrument 1987 No. 375

The Judicial Pensions (Widows' and Children's Benefits) Regulations 1987

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1987 No. 375

PENSIONS

The Judicial Pensions (Widows' and Children's Benefits) Regulations 1987

Made9th March 1987
Laid before Parliament11th March 1987
Coming into force1st April 1987

    The Lord Chancellor and the Secretary of State for Scotland, in exercise of the powers conferred on them by section 23 of the Judicial Pensions Act 1981[1], and with the concurrence of the Treasury[2], hereby make the following Regulations:


PART I

GENERAL
    Citation and commencement
        1.    These Regulations may be cited as the Judicial Pensions (Widows' and Children's Benefits) Regulations 1987 and shall come into operation on 1st April 1987.
    Interpretation and scope of Regulations
        2.—(1)  In these Regulations-
      "the Act" means the Judicial Pensions Act 1981;
      "the Act of 1973" means the Administration of Justice Act 1973[3];
      "contribution" means a contribution towards the cost of a widow's or children's pension;
      "lump sum" means the lump sum payable, under section 17(1), (2) or (3) of the Act, on the retirement or death of an office-holder;
      "office-holder" means a person serving in an office in respect of which a widow's or children's pension may be granted under or by virtue of Part II of the Act;
      "periodical payment" means a contribution in the form of a deduction from an office-holder's salary;
      "personal pension" means the pension for which an office-holder becomes eligible on retirement (or, if he dies in office, would have become eligible had he retired on the ground of infirmity at the time of his death);
      "relevant service" has, in relation to the holder of an office referred to in section 16 of the Act, the same meaning as in that section;
      "responsible authority" means, in relation to an office-holder, the person or body responsible for paying his salary;
      references to a widow's pension include references to a children's pension;
      "15-year office" and "20-year office" mean an office service in which for 15 or 20 years, as the case may be, is a condition of eligibility for an annual personal pension at the rate of one half of the last annual salary payable in respect of that office;
      references to service in a 15-year or a 20-year office include references to successive periods of service in two or more such offices, being periods which are aggregable for the purposes of eligibility for pension;
      "standard rate", in relation to periodical payments, has the meaning given by regulation 8(2).


        (2)  References in these Regulations to eligibility for a pension are, in relation to service in an office which carries entitlement to a pension, references to such entitlement, and references to the grant of a pension shall be construed accordingly.

        (3)  Section 28 of the Act (effect of certain nullity decrees) applies for the purposes of these Regulations.

        (4)  These Regulations apply in relation to the office of Lord Chancellor subject to Schedule 1.

        (5)  These Regulations do not apply in respect of an office-holder whose relevant service was wholly before 1st April 1987.
    Application of Parts II and III
        3.—(1)  Subject to paragraph (2) below, contributions towards the cost of the liability for any pension or pensions under sections 16 to 20 of the Act in respect of a man's relevant service shall be made in accordance with Parts II and III of these Regulations.

        (2)  Parts II and III of these Regulations do not apply in relation to an office-holder in respect of whom there is in force an election under-
       (a) section 11(1) or (2) of the Administration of Justice (Pensions) Act 1950[4] (election by person serving on 15th December 1950 against benefits for widows and children): or
       (b) section 10(4)(b) of the Act of 1973 (election by person serving on 18th April 1973 against up-rating of widow's pension), in which case the contribution will, where paragraph 23 of Schedule 2 of the Act applies, be the amount prescribed by that enactment.


Notes:

[1] 1981 c. 20; amended by section 152(1) of, and Schedule 5 to, the Supreme Court Act 1981 (c. 54).

[2] Substituted for the Minister for the Civil Service by S.I. 1981/1670.

[3] 1973 c. 15; amended and repealed in part by section 36 of, and Schedules 3 and 4 to, the Judicial Pensions Act 1981.

[4] 1950 c. 11.

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