The Judicial Pensions (Requisite Benefits) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order supersedes the Judicial Pensions (Requisite Benefits) Order 1987 which consolidated existing Orders which modified the schemes relating to certain judicial pensions so as to make the changes required in order to meet the contracting-out requirements laid down by the Social Security Pensions Act 1975 (“the 1975 Act”).

Articles 6 and 7 confer on an office-holder and on his widow entitlement to pensions based on the final salary of the office-holder and his years of service up to pensionable age (65 for men, 60 for women) after 6th April 1978. The pensions are not to be less than the minimum guaranteed by articles 8 and 9, and there will be occasions where the guaranteed minimum only will be payable (such as under article 8(2)(a) or 13).

Article 10 confers entitlement to guaranteed minimum pensions to the widowers of female office-holders who die after 5th April 1989, in order to meet the further contracting-out requirement inserted into the 1975 Act by the Social Security Act 1986.

Article 11 provides a mode of ascertainment of final salary for the purposes of the Order, and article 12 provides arrangements for the payment of contributions in respect of widows' pensions that may become payable by virtue of the Order where the office-holder marries after retirement. The remaining Articles are explanatory and supplementary. Save that the right conferred by article 10 will apply to widowers of office-holders who die after 5th April 1989, the Order makes no change of substance.

The Order does not apply in the case of any person who ceases to hold office before 1st September 1988, the date on which it comes into operation. The earlier Order will continue to apply in such a case.