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Statutory Instrument 1991 No. 2731

The Judicial Pensions (Widowers' and Children's Benefits) Regulations 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 2731

PENSIONS

The Judicial Pensions (Widowers' and Children's Benefits) Regulations 1991

Made3rd December 1991
Laid before Parliament11th December 1991
Coming into force1st January 1992

    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, hereby make the following Regulations:


PART 1

GENERAL
    Citation and commencement
        1.    These Regulations may be cited as the Judicial Pensions (Widowers' and Children's Benefits) Regulations 1991 and shall come into force on 1st January 1992.
    Interpretation and scope of Regulations
        2.    -

        (1)  In these Regulations-
      "the Act" means the Judicial Pensions Act 1981;
      "contribution" means a contribution towards the cost of a widower'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 female person serving in an office in respect of which a widower'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 she dies in office, would have become eligible had she retired on the ground of infirmity at the time of her 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 her salary;

    references to a widower'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 15year 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 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 the Schedule.

        (5)  These Regulations do not apply in respect of
       (a) an office-holder whose relevant service was wholly before 1st January 1992; or
       (b) an office-holder whose relevant service was partly before 1st January 1992 and who has not opted under paragraph 27(1) of Schedule 2 to the Act for her husband to be entitled to a widower's pension on her death.

    Application of Parts II and III
        3.    Contributions towards the cost of the liability for any pension or pensions under sections 16 to 20 of the Act in respect of a woman's relevant service shall be made in accordance with Parts II and III of these Regulations.


Notes:

[1] 1981 c. 20; amended by section 118(4) of the Courts and Legal Services Act 1990 (c. 41).

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