Judicial Pensions and Retirement Act 1993

Supplemental provisions

14 Application of this Part to holders of the office of Lord Chancellor

(1) Not more than one pension shall be paid under section 2 above and the [1832 c. 111.] Lord Chancellor’s Pension Act 1832 to a person to whom this Part applies who has also held the office of Lord Chancellor.

(2) In determining the appropriate annual rate of a pension payable under section 2 above to such a person as is mentioned in subsection (1) above who either—

(a) was holding the office of Lord Chancellor immediately before the appointed day, or

(b) first held that office on or after that day,

the length of his service in qualifying judicial office shall be treated as increased by the aggregate length of his periods of service in the office of Lord Chancellor (excluding any day of service in that office which is also a day of service in qualifying judicial office).

(3) Where a pension under the [1832 c. 111.] Lord Chancellor’s Pension Act 1832 is, or would, but for his death, have been, paid to such a person as is mentioned in subsection (1) above (so that no derivative benefits are payable to or in respect of him under this Act) Part II of the 1981 Act shall continue to have effect with respect to the derivative benefits, within the meaning of that Part, which are payable to or in respect of him by virtue of his service in the office of Lord Chancellor, and shall do so notwithstanding anything in section 11 or 12 above.

(4) Except as provided by subsection (3) above, no pension or other benefit shall be paid under that Part of that Act to or in respect of a person to whom this Part applies.

15 Circuit judges: the Recorder of London and the Common Serjeant

Subject to sections 1(8) above and 21 below and to any regulations under section 38 or 39A of the [1965 c. 74.] Superannuation Act 1965 (employment in more than one public office), nothing in this Part shall apply in relation to the pensions and other benefits payable to or in respect of a person in respect of his service as a Circuit judge by virtue of holding the office of Recorder of London or Common Serjeant; and accordingly—

(a) those matters shall continue to be provided for as mentioned in section 7 of the [1964 c. iv.] City of London (Courts) Act 1964 (remuneration, pensions and other benefits in respect of those offices to be defrayed by the Common Council); and

(b) service as a Circuit judge by virtue of holding either of those offices shall not be regarded as service in qualifying judicial office.

16 Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc

In making any calculation for the purposes of sections 4 to 8 above, any abatement of a pension falling to be made under any order made under—

(a) section 65 of the [1973 c. 38.] Social Security Act 1973 (modification etc of public service pension schemes), or

(b) Article 61 of the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975 (corresponding provision for Northern Ireland),

shall be left out of account.

17 Effect of certain nullity decrees

Where a marriage which is voidable, but not void from the beginning, is declared null by any court, the same results shall follow under this Part as would have followed if the marriage had not been voidable but had been dissolved at the date of the declaration of nullity.

18 Continuity of tax treatment

(1) For the purposes of Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes) the provisions of this Part shall be regarded as amendments, for such persons as are mentioned in section 1(1) above, of the statutory schemes constituted by or under the 1981 Act; and, accordingly, any scheme constituted by this Part—

(a) shall be taken to have been established before 14th March 1989; and

(b) is a relevant statutory scheme for the purposes of that Chapter.

(2) Expressions used in this section and in Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 have the same meaning in this section as they have in that Chapter.