The Judicial Pensions Regulations (Northern Ireland) 2015

Annual rate of surviving adult’s pensions payable under this scheme when a transition member dies in service

16.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) Where there is an entitlement under this scheme and an existing scheme to a surviving adult’s pension, the annual rate of that pension is the sum of—

(a) the amount of dependant’s earned pension calculated under regulation 100; and

(b) the amount of the equivalent surviving spouse’s or surviving civil partner’s pension payable under an existing scheme.

(3) Where there is an entitlement to a surviving adult’s pension, the 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 date of the member’s death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member’s continuous period of pensionable service under this scheme; and

(b)

the member’s pensionable service under an existing scheme before the transition date for that member.