25 Persons serving again after retirement.U.K.
(1)Where any person after retirement from service in a judicial office resumes F1. . . 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 [F2by virtue of section 23] being made, then unless that person on resumption of F1. . . service, or within three months of F1. . . marrying [F3or forming a civil partnership] while again serving, refunds by way of contribution such sum, not exceeding three quarters of the lump sum granted on the prior retirement as [F4the Treasury] may determine, no pension shall be granted to any [F5widow, widower [F6, surviving civil partner] or child of that person], 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 [F7that person’s] service.
F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Word in s. 25 repealed (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/2730, art. 2, Sch.
F2Words in s. 25(1)(a) inserted (3.1.2012) by Pensions Act 2011 (c. 19), s. 38(4), Sch. 5 para. 2(2); S.I. 2011/3034, art. 3(j)
F3Words in s. 25(1)(a) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 59(2)
F4Words in s. 25(1)(a) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)
F5Words in s. 25(1)(a) substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 29(a); S.I. 1991/2730, art. 2,Sch.
F6Words in s. 25(1)(a) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 59(3)
F7Words in s. 25(1)(b) substituted (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(3), Sch. 18 para. 29(b); S.I. 1991/2730, art. 2, Sch.
F8S. 25(2) repealed (1.1.1992) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/2730, art. 2,Sch.