The Parliamentary Commissioner's Pension Regulations 1967

Commissioner with other service under the civil service scheme who elects for the judicial scheme

4.—(1) This Regulation shall apply to any person appointed to be the Commissioner who has elected for the judicial scheme and who before his appointment as Commissioner has rendered service to which the civil service scheme applies.

(2) The amount of any annual or lump sum benefit payable under the judicial scheme, in the case of a person to whom this Regulation applies, shall not exceed the difference between the amount of the corresponding benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if his service falling within the civil service scheme had been service as Commissioner.

(3) Where, in the case of a person to whom this Regulation applies, the lump sum benefit granted under the civil service scheme is greater than the amount of the lump sum which would be payable under the judicial scheme if his service falling within the civil service scheme had been service as Commissioner, a sum equal to one-ninth of the excess shall be deemed to be added, for the purposes of the limit imposed by paragraph (2) above, to the amount of the annual benefit granted under the under the civil service scheme, and the annual benefit under the judicial scheme shall be reduced accordingly.

(4) Where as a result of the limit imposed by paragraph (2) above no lump sum benefit is payable under the judicial scheme, no widow's or children's pension shall, subject to the following provisions of this Regulation, be granted under that scheme; and where as a result of that limit the amount of the lump sum under the judicial scheme is so reduced that it is insufficient to meet the whole of the contribution falling to be made under section 8 of the Administration of Justice (Pensions) Act 1950, any widow's or children's pension shall, subject to the following provisions of this Regulation, be reduced so as to bear to the full amount thereof the same proportion as the contribution made bears to the full contribution falling to be made.

(5) If, within twelve months after the retirement from the office of Commissioner, or the death in respect of whose service contribution falls to be made under the said section 8, or within such longer period as the Treasury may allow in any particular case, there is paid to the Treasury a sum which, when added to the contribution (if any) made by a reduction of the lump sum granted in respect of him, is equal to the contribution falling to be made in his case under the said section 8, any widow's or children's pension payable in respect of him may be granted in full.

(6) Where only part of any sum falling to be paid under paragraph (5) above is paid within the period specified therein, any widow's or children's pension shall be reduced so as to bear to the full amount thereof the same proportion as the aggregate contribution made bears to the full contribution falling to be made.

(7) Notwithstanding anything in paragraphs (4) to (6) above, a contribution made by a reduction of a lump sum or a contribution by means of such a payment as is mentioned in paragraph (5) or (6) above, or, where both such contributions are made, the aggregate contribution, shall be ineffective in the case of the person in respect of whose service the contribution falls to be made, unless either a widow's or a children's pension can be paid in respect of his service under the judicial scheme at a rate equal to at least £6 10s. 0d. per annum, and where a contribution is ineffective—

(a) no widow's or children's pension shall be granted;

(b) the lump sum payable in respect of him shall be increased by the amount of any reduction made in it to provide the contribution; and

(c) the amount of any contribution made by means of such a payment as is mentioned in paragraph (5) or (6) above shall be repaid.