PART IILump Sums and Widows' and Children's Pensions

Special cases

25Persons serving again after retirement

1

Where any person after retirement from service in a judicial office resumes his service, that retirement shall be left out of account for all the purposes of this Part of this Act except that—

a

if a lump sum was granted on that retirement without any contribution being made, then unless that person on resumption of his service, or within three months of his marrying while again serving, refunds by way of contribution such sum, not exceeding three quarters of the lump sum granted on the prior retirement as the Minister may determine, no pension shall be granted to any widow or child of his, and

b

any lump sum granted on that retirement, less any refund, shall be set off against any lump sum to be granted in respect of his service.

2

Where the person resuming service after retirement is a woman, paragraph (a) of subsection (1) above and the reference to a refund in paragraph (b) shall be omitted.

3

Where a refund is made under subsection (1) above, all such adjustments shall be made, including payments out of the Consolidated Fund or out of money provided by Parliament and payments into the Exchequer, as will secure that the position is the same as if the lump sum had been reduced by an amount equal to the refund and no refund had been made.