Part INew Arrangements for Judicial Pensions

Derivative benefits

8 Rate of children’s pension.

(1)

Where the deceased leaves no surviving spouse F1or surviving civil partner, the annual rate of a children’s pension shall be—

(a)

while the eligible children of the deceased are two or more in number, two-thirds of the annual rate of the deceased’s judicial pension; and

(b)

while there is only one eligible child of the deceased, one-third of the annual rate of the deceased’s judicial pension.

(2)

Where the deceased leaves a surviving spouse F2or surviving civil partner, the annual rate of a children’s pension during the life of the surviving spouse F2or surviving civil partner shall be—

(a)

while the eligible children of the deceased are two or more in number, one-half of the annual rate of the deceased’s judicial pension; and

(b)

while there is only one eligible child of the deceased, one-quarter of the annual rate of the deceased’s judicial pension;

and the annual rate of the children’s pension after the death of the surviving spouse F2or surviving civil partner shall be the rate specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above.

F3(3)

Where the deceased—

(a)

leaves a surviving spouse who re-marries or forms a civil partnership, or

(b)

leaves a surviving civil partner who marries or forms a subsequent civil partnership,

the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner.

(4)

“The annual rate of the deceased’s judicial pension” has the same meaning for the purposes of this section as it has for the purposes of section 5 above.