The Judicial Pensions Regulations (Northern Ireland) 2015

Amount payable on death of active member (death in service) N.I.

121.—(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).

(2) If the member is a transition member with continuity of service, the period of service includes the member's period of pensionable service under [F1 a relevant] scheme before the transition date for that member.

(3) For the purpose of this regulation, a person dies in service if the person dies while an active member of this scheme in relation to a period of service.

(4) The amount of the lump sum death benefit payable in respect of a person who dies in service (P) is the amount in paragraph (5) or (6), whichever is the greater.

(5) The amount in this paragraph is an amount equal to

• X is—

  (a)

  if P's period of service was at least 12 months, twice the amount that would have been P's final pay if P had ceased to be in pensionable service at the time of death; or

  (b)

  if P's period of service was less than 12 months, twice P's annualised final pay; and

• Y is—

  (c)

  any lump sum paid under this scheme to P before P's death; and

  (d)

  any lump sum death benefit payable under this scheme or under a partnership pension account death benefits scheme in respect of P after P's death.

(6) The amount in this paragraph is an amount equal to

• X is the total annual amount of P's full retirement pensions in relation to that period of service, multiplied by 5;

• Y is the total amount of any payments of retirement pension made to P under this scheme; and

• “total annual amount” in relation to P's full retirement pensions means the total of—

  (a)

  the annual rate of each description of full retirement pension calculated as if the beginning date for that pension were the date of P's death, but without subtracting the early payment reduction (if any); and

  (b)

  the amount of increase (if any) in the annual rate of that pension under the 1971 Act payable as at the date of P's death.

(7) For the purpose of this regulation, any amounts paid or payable to or in respect of P in the capacity of a pension credit member are disregarded.

[F2 (8) 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 reg. 121(2) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 11(a)

F2 Reg. 121(8) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 11(b)