Judicial Pensions Act 1981

10 (1) In this paragraph and paragraphs 11 and 12 below—

(a) " retiring officer" means an officer to whom this Schedule applies who is granted a pension under paragraph 4, 7 or 8 above otherwise than on the ground of ill-health,

(b) " the personal pension " means that pension,

(c) " the date of retirement" means the beginning of the period in respect of which the personal pension is paid,

(d) a " derivative pension " means a pension granted under sub-paragraph (2) below,

(e) " prescribed " means prescribed by rules under this paragraph.

(2) The Minister may make rules for securing that, in the prescribed circumstances, and subject to the prescribed conditions as to proof of good health and other prescribed matters, a retiring officer of a prescribed class shall be allowed to surrender, as from the date of retirement, the prescribed part, not exceeding one third, of the personal pension in return for the grant of a pension to the retiring officer's spouse, or to a dependant of his.

(3) The derivative pension shall be of such value as, according to tables prepared from time to time by the Government Actuary, is actuarily equivalent to the value of the part of the personal pension which is surrendered.

(4) Rules under this paragraph may prescribe classes of persons for the purposes of this paragraph by reference to the age which they have attained at a prescribed date.

(5) Rules under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.