C3C4Part INew Arrangements for Judicial Pensions
Pt. 1 applied (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(2), 148(5), Sch. 9 para. 11(4)(5); S.I. 2008/2696, art. 5(d) (with art. 3)
Derivative benefits
5 Surviving spouse’s F1and surviving civil partner's pension.
C1C21
In any case where—
a
a person (“the deceased”) to whom this Part applies dies leaving a surviving spouse F2or surviving civil partner, and
b
their marriage took place F3or their civil partnership was formed before the deceased retired from qualifying judicial office,
F51A
For the purposes of this Act—
a
a pension under this section which is payable to a surviving spouse is a “surviving spouse's pension”, and
b
a pension under this section which is payable to a surviving civil partner is a “surviving civil partner's pension”.
C1C22
A pension under this section shall be payable at such intervals, not exceeding three months, as the Treasury may determine.
C1C2F63
If—
a
the surviving spouse re-marries or forms a civil partnership, or
b
the surviving civil partner marries or forms a subsequent civil partnership,
the Treasury may, on or at any time after the marriage or the formation of the civil partnership, direct that the pension shall cease to be payable.
C1C24
Where a direction has been given under subsection (3) above, the Treasury may at any time direct that payment of the pension is to be resumed.
5
Where the deceased died while holding qualifying judicial office, his death shall be treated for the purposes of subsection (1)(b) above as his retirement from such office.
F75A
Schedule 1A to this Act (which makes transitional provision in relation to surviving civil partners' pensions) shall have effect.
6
For the purposes of this section, “the annual rate of the deceased’s judicial pension” means—
a
where a judicial pension under subsection (1) or (3) of section 2 above had commenced to be paid to the deceased, the appropriate annual rate of that pension;
b
where a judicial pension under subsection (2) or (4) of that section had commenced to be paid to the deceased, the appropriate annual rate of that pension, as actuarially reduced under that section;
c
where no judicial pension had commenced to be paid to the deceased, the rate that would have been the appropriate annual rate of his judicial pension under subsection (3) of that section—
i
had he not died, but retired from qualifying judicial office on the date of death; and
ii
had the appropriate Minister been satisfied in his case as mentioned in paragraph (b) of that subsection.
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1967 c. 13, Sch. 1 para. 4(1) (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para. 2); S.I. 1995/631, art. 2)
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. IV para. 5(4)); S.I. 1995/631, art. 2
Pt. I (ss. 1-18) applied with modifications (31.3.1995) by 1969 c. 10 (N.I.), Sch. 1A para. 4(1) (as inserted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2)
Pt. I (ss. 1-18) applied (31.3.1995) by S.I. 1995/639, reg. 4.11(1)
Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1, para. 6(1)
Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 6(2)(3)(4)
Pt. I (ss. 1-18) extended (with modifications) (except ss. 1(1)-(4), 2) (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(2)(3)(4)
Pt. I (ss. 1-18) extended (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 6(1)