The Judicial Pensions Regulations (Northern Ireland) 2015

Amount payable on death of deferred member or pensioner member (death out of service) N.I.

122.—(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 out of service if the person—

(a) dies while a deferred member or pensioner member of this scheme in relation to that period of service; and

(b) is not an active member of the scheme when the person dies.

(4) The amount of the lump sum death benefit payable in respect of a person who dies out of service (P) is equal to—

(a) the total annual amount of P's full retirement pensions in relation to the period of service, multiplied by 5; less

(b) the total amount of any payments of retirement pension made to P under this scheme.

(5) In paragraph (4)(a), “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—

(i) if P died while a deferred member of the scheme, the date of P's death; or

(ii) if P died while a pensioner member of the scheme, the day P's pension was deemed to begin for the purposes of section 8(2) (meaning of “pension” and other supplementary provisions) of the 1971 Act M1 ; 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.

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

Textual Amendments

F1 Words in reg. 122(2) substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 12

Marginal Citations

M1 Section 8(2) was amended by the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 S.I. 1990/1509 (N.I. 13)) Article 3(5) and the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) Articles 36(1) and (3)(b).