The Judicial Pensions (Preservation of Benefits) Order 1988

PART III PRESERVED BENEFITS

Office-holder’s pension

5.—(1) An office-holder who has completed two years of relevant service, but who has ceased to hold office before normal pension age, becomes eligible for a pension when he reaches whichever is the later of age 60 and —

(a) in the case of an office-holder who has made an election under article 7(1), retirement age: or

(b) in any other case, normal pension age.

(2) The annual rate at which that pension may be paid shall bear to the full rate the same proportion as the number of completed years of relevant service bears to the number of completed years which the office-holder would have served if his service had continued until —

(a) in the case of an office-holder who has made an election under article 7(1), retirement age; or

(b) in any other case, normal pension age.

(3) In this article, “retirement age” means the age at which an election would have been available to the office-holder under the relevant enactment applicable to him.

Lump Sum and Widow’s and Children’s Pensions

6.  Section 17 (except subsections (2)(b) and (3)) and sections 18 to 23 of the Act of 1981 shall apply in relation to an office-holder who becomes eligible for a pension by virtue of this Order (or who dies before becoming so eligible but would have become so eligible had he survived) as they apply in relation to an office-holder who becomes eligible for a pension on retirement at normal pension age or who dies in service.