The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995

Contribution in the event of marriage during retirement

6.—(1) Where an office-holder is unmarried on the date that he ceases to hold office, he may be required to undertake that, in return for payment of a lump sum to him under the scheme, he will on his first marriage afterwards pay a contribution in respect of the benefits that may become payable to his surviving spouse by virtue of Article 5.

(2) The contribution referred to in paragraph (1) shall be calculated in ccordance with the formula ((A × B)/200) × 3.4 where—

(a) A is the number of years and days of actual and notional relevant service in the scheme (expressed in years and fractions of a year) which were—

(i) completed by him before he obtained pensionable age, and

(ii) not years—

(1) during any part of which he was married, or

(2) preceding a marriage of his contracted before he ceased to hold scheduled office; and

(b) B is such amount of the office-holder’s final annual salary which, expressed as a weekly rate, exceeds the lower earnings limit but does not exceed the upper earnings limit at the date he ceases to hold scheduled office.

(3) Service is not relevant service for the purposes of this Article if—

(a) in the case of a male office-holder, it is service before 6th April 1978;

(b) in the case of a female office-holder, it is service before 6th April 1988.

(4) In this Article—

(a) “final annual salary” in relation to an office-holder means the annual rate of salary he was receiving immediately before he ceased to hold scheduled office:

(b) “notional service” means the period of service credited to an office-holder who transfers in to the scheme from another judicial pension scheme, on the date of his transfer in to that scheme, calculated in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995(1).

(1)

S.I. 1995/636