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

Additional payments for back service

9.—(1) In this regulation–

“back service” means–

(a) service before 1st February 1974 (the date of the coming into force of the provisions reproduced in this Part); and

(b) in the case of an office-holder who has married on or after that date, service on or after that date for any period during which he has made no periodical payments;

“previous service” means back service before 18th April 1973.

(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such one of the following rates as he may specify–

(a) if he is serving in a 15-year office, 4 per cent., 8 per cent. or 11 per cent. of his salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times that rate);

(b) if he is serving in a 20-year office, 3 per cent., 6 per cent., 9 per cent. or 12 per cent. of his salary for the time being (that is to say at the standard rate, or at twice, three times or four times that rate).

(3) An election under this regulation must have been made, or be made–

(a) not later than 30th June 1974; or

(b) in the case of an office-holder marrying (or remarrying) after 31st January 1974 and while still serving, not later than six months after his marriage or remarriage.

(4) An office-holder who has made an election under this regulation may at any time, by notice in writing to the responsible authority, either–

(a) revoke his election; or

(b) vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in (a) or (b), as the case may be, of paragraph (2) above.

(5) An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the offfice-holder has made additional payments for a period equal in length to his back service and for this purpose, subject to paragraph (6) below, for any period during which he has made additional payments at a rate higher than the standard rate, he shall be treated as having made such payments for a correspondingly longer period (so that, for example, if he has made additional payments at twice the standard rate for one year he shall be treated as having made additional payments for two years).

(6) If an office-holder’s back service includes previous service (that is service before 18th April 1973), then, for any period for which he has made additional payments at the standard rate (or in accordance with paragraph (2)(a) or (b) above, at a multiple of that rate), he shall be treated for the purpose of paragraph (5) above–

(a) as having made those payments for one and a half (or one and a half times the said multiple) times such part of that period as, so multiplied, does not exceed in length his previous service; and

(b) in respect of the remainder (if any) of that period, as having made the payments for the remainder (or for the said multiple of the remainder), according as the payments were made at the standard rate, or at a multiple of that rate.

For example, an office-holder with 12 months service before 18th April 1973 who has made additional payments at the standard rate for 24 months will be treated under paragraph (5) above and this paragraph as having made additional payments for 8 of the 24 months at one and a half times the standard rate, and for 16 months at the standard rate.