The Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987

Effect of making periodical payments

11.—(1) In this regulation–

“appropriate fraction” means 1/240 in the case of the holder of a 15-year office and 1/320 in the case of the holder of a 20-year offfice;

“full period” means 15 years in the case of the holder of a 15-year office and 20 years in the case of the holder of a 20-year office;

“gross reduction” means the amount by which an office-holder’s lump sum would, under Part II, be reduced if he had made no periodical payments;

“previous service” has the same meaning as in regulation 9.

(2) Subject to paragraph (6) below, an office-holder who makes periodical payments at the standard rate for the full period shall not be liable to make any further contribution notwithstanding that he continues in service for a further period.

(3) For the purposes of paragraph (2) above, an office-holder shall be treated, for every period of service during which he has made additional payments in accordance with regulation 9(2), as having made payments at the standard rate for an additional period equal to the period during which he has made (or is to be treated under regulation 9(5) or (6) as having made) such additional payments.

(4) If an office-holder retires or dies after having made periodical payments at the standard rate for less than the full period, the deficiency in his contributions shall be made up by a reduction in his lump sum, the amount of such reduction depending on the rate of personal pension he has earned and the length of the period during which he has made periodical payments and being calculated in accordance with paragraph (5) below.

(5) The amount of the reduction referred to in paragraph (4) above shall be arrived at by deducting from the gross reduction, for every month in respect of which the office-holder has made (or is to be treated, by virtue of regulation 9(5) and without regard to regulation 9(6), as having made) periodical payments at the standard rate, the appropriate fraction of his last annual salary.

(6) An office-holder with previous service who–

(a) has elected to make periodical payments and in whose case no election is in force under section 10(4)(a) of the Act of 1973; and

(b) is by virtue of the combined effect of regulation 9(6) and paragraph (3) above, entitled to be treated as having made periodical payments at the standard rate for the full period; and

(c) continues in service after having become so entitled,

shall, notwithstanding anything in paragraph (2) above, and without prejudice to any right under regulation 8(4) to revoke his election to make periodical payments, remain while so serving liable to continue to make periodical payments at a rate equivalent to one third of the standard rate until he has completed 15, or as the case may be 20, years' service after 17th April 1973.