The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order modifies the scheme constituted under Part I of the Judicial Pensions and Retirement Act 1993 in order to enable it to meet the contracting-out requirements laid down by the Pension Schemes Act 1993. It confers on an office-holder and his surviving spouse the right to receive a pension being not less than the guaranteed minimum pension calculated in accordance with the Pension Schemes Act 1993. It provides for the payment of contributions in respect of a surviving spouse’s pension that may become payable by virtue of the Order where the office-holder marries after retirement.

The Order amends article 12 of the Judicial Pensions (Requisite Benefits) Order 1988. That article provides for the payment of contributions in respect of widows' pensions that may become payable by virtue of that Order where the office-holder marries after retirement. The amendment provides that the period of relevant service to be taken into account for the purpose of calculating the contribution to the widow’s pension shall not extend beyond the day appointed under the Pensions Act 1995 after which contracted-out service will cease to earn rights to a guaranteed minimum pension or widow’s guaranteed minimum pension.

The Order also revokes the Judicial Pensions (Preservation of Benefits) Order 1995 in so far as it relates to Northern Ireland. Provision for preservation of benefits in respect of holders of qualifying judicial office in Northern Ireland is made in the Judicial Pensions (Preservation of Benefits) Order (Northern Ireland) 1995 (SR 388).