The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995

Entitlement to a pension

4.—(1) An office-holder who attains pensionable age and who has ceased to hold qualifying judicial office shall be entitled to receive, from that age, not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 14, section 16(1) and (5) and section 18 of the Act, unless his accrued rights have been extinguished under section 60 of the Act.

(2) The commencement of the office-holder’s guaranteed minimum pension may be postponed —

(a) for a period, not exceeding five years, for which he continues to hold qualifying judicial office after attaining pensionable age;

(b) with his consent, for a period exceeding five years for which he continues to hold qualifying judicial office after attaining pensionable age; or

(c) with his consent, for a period for which he continues in employment after attaining pensionable age otherwise than in qualifying judicial office;

and in such a case section 15 of the Act shall apply to the calculation of the guaranteed minimum pension.

(3) An office-holder —

(a) who attains pensionable age;

(b) who has ceased to hold qualifying judicial office;

(c) to whom section 13(2) of the Act applies; and

(d) who does not have a guaranteed minimum under sections 14 to 16 of the Act, shall be entitled to receive, from that age, a pension not less than the amount which would be determined as the office-holder’s guaranteed minimum, calculated in accordance with paragraph (1), were section 14(3)(b) not to apply to that office-holder.

(4) The pension payable under this article shall continue for the life of the office-holder.