The Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the contributions to be made by women who are holders of certain judicial offices towards pensions for widowers and children under Part II of the Judicial Pensions Act 1981. That Act formerly provided for the payment of pensions to widows of men who were holders of those judicial offices, but there was no provision for widowers' pensions, which were first introduced by the Courts and Legal Services Act 1990. These Regulations have similar effect to the Judicial Pensions (Widows' and Childrens' Benefits) Regulations 1987, which continue to apply to the contributions made by male office-holders.

The contributions may be made out of the office-holder’s lump sum paid on retirement or death (Part II), or, if the office-holder so elects, by periodical payments (Part III).

The amount of the pensions towards which the contributions are made depends on whether part of the office-holder’s service was before 1st January 1992 (the date when the widower’s pension provisions came into force), and, if it was, the basis on which she has specified that the annual value of widower’s pension shall be calculated. There are corresponding variations in the amount of the contributions.

The arrangements for making periodical payments by way of contribution, and for making additional periodical payments to reflect service before the widower’s pension provisions were introduced, are parallel to the arrangements which already apply to contributions for widows' pensions.

The regulations do not apply to an office-holder who has retired or died before 1st January 1992, or to an office-holder whose service began before 1st January 1992 and who has not opted for her husband to be entitled to a widower’s pension.