The Judicial Pensions Regulations (Northern Ireland) 2015

Transition member who has not reached normal pension age under an existing scheme

15.—(1) This paragraph applies to a transition member with continuity of service who becomes entitled to an ill-health pension under this scheme and an existing scheme.

(2) If the member is entitled under this scheme and an existing scheme to immediate payment of an ill-health pension, the annual rate of that ill-health pension is the sum of—

(a) the annual rate of an ill-health pension under an existing scheme; and

(b) the annual rate of an ill-health pension under this scheme.

(3) Where a member is entitled to immediate payment of an ill-health pension, payment of any pension or enhancement in respect of the member’s assumed period of pensionable service is not payable under an existing scheme.

(4) In this paragraph, “the member’s assumed period of pensionable service” means the period—

(a) beginning with the day after the day on which the member’s continuous period of pensionable service ceased; and

(b) ending with—

(i) for a member appointed for a fixed term, the day on which that term ends; or

(ii) for all other appointments, the day before the day on which the member will reach prospective normal pension age (assuming that the member lives until that age).