The Judicial Pensions Regulations (Northern Ireland) 2015

Annual rate of eligible child's pension payable under this scheme when a transition member dies in service N.I.

17.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) The annual rate of child's pension payable is the sum of—

(a) the annual rate of child's earned pension calculated under regulation 105; and

(b) the annual rate of child's pension payable under [F1 a relevant] scheme.

(3) Where a child's pension is payable, the payment of any pension or enhancement in respect of the member's assumed period of pensionable service is not payable under [F1 a relevant] scheme.

(4) In this paragraph—

“the member's assumed period of pensionable service” means the period—

(a)

beginning with the day after the date of the member's death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member's continuous period of pensionable service under this scheme; and

(b)

the member's pensionable service under [F1 a relevant] scheme before the transition date for that member.

[F2 (5) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments

F1 Words in Sch. 2 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(10)(a)

F2 Sch. 2 para. 17(5) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(10)(b)