Resident Magistrates' Pensions Act (Northern Ireland) 1960

13 Allocation by certain retired resident magistrates of part of their pensions to their wives. N.I.

(1) [F1 The Treasury] may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retired resident magistrate under the age of seventy who has retired from office (otherwise than on the ground of ill-health) after the passing of this Act, and who has married [F2 or formed a civil partnership] since his retirement shall, subject to sub-section (2), be allowed to surrender, as from the date of his marriage [F3 or of the formation of the civil partnership] , in return for the benefits allowed under the rules such part of his personal pension as may be specified in the rules, and for enabling[F1 the Treasury] to grant to his [F4 spouse or civil partner] a pension of such value as, according to tables prepared from time to time by[F1 the Treasury], is actuarially equivalent, at that date, to the value of that part of the personal pension which is surrendered.

(2) The part of a personal pension surrendered by a person under this section, together with any part thereof surrendered under section twelve, shall not exceed one-third of that pension.

(3) Sub-sections (2) and (3) of section twelve, so far as they apply to surrenders made for the benefit of [F5 spouses and civil partners] and pensions granted to [F5 spouses and civil partners] , shall apply also to surrenders under this section and pensions granted by virtue thereof, but as if any reference to the date of retirement was a reference to the date of the marriage [F6 or of the formation of the civil partnership] .

(4) Rules made under this section shall be subject to negative resolution.

F1 1991 NI 24

F2 Words in s. 13(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(i) (with regs. 6-9)

F3 Words in s. 13(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(ii) (with regs. 6-9)

F4 Words in s. 13(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(a)(iii) (with regs. 6-9)

F5 Words in s. 13(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(b)(i) (with regs. 6-9)

F6 Words in s. 13(3) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 56(7)(b)(ii) (with regs. 6-9)