Part II Miscellaneous, General and Supplementary Provisions
Additional benefits in respect of disregarded earnings
C119 Benefits in respect of earnings in excess of pension-capped salary.
1
This section applies in any case where—
a
a pension or lump sum is payable under Part I above to or in respect of a person to whom that Part applies (the “judicial officer”); and
b
the amount which constitutes the judicial officer’s pensionable pay is less than it would have been, had pension-capped salary fallen to be determined under section 3(3)(b) above, in his case, without the limit imposed by reference to the permitted maximum there mentioned;
but nothing in this subsection applies in relation to any additional benefits provided under section 10 above.
2
Where this section applies, payments by way of pension or lump sum shall be made to or in respect of the judicial officer amounting to the difference between—
a
the rate or amount payable in respect of the pension or lump sum referred to in subsection (1) above; and
b
the rate or amount that would have been payable in respect of that pension or lump sum, had pension-capped salary fallen to be determined under section 3(3)(b) above, in his case, without the limit imposed by reference to the permitted maximum there mentioned.
3
No contributions shall be payable under or by virtue of section 9 above in respect of the cost of the liability to make payments under this section.
4
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5
The appropriate Minister may by regulations make provision for implementing this section; and any such regulations may, in particular, make provision—
a
for or with respect to the calculation of benefits under this section;
b
for or with respect to the time at which and method by which payments under this section are to be made.