The Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995

Contribution in the event of marriage during retirement

6.—(1) Where an office-holder is unmarried on the date that he ceases to hold office, he may be required to undertake that, in return for payment of a lump sum to him under the scheme, he will on his first marriage afterwards pay a contribution in respect of the benefits that may become payable to his surviving spouse by virtue of article 5.

(2) The contribution referred to in paragraph (1) shall be calculated in accordance with the formula

where—

a

A is the number of years and days of actual and notional service in the scheme (expressed in years and fractions of a year) during the relevant period which were —

(i)

completed by him before he obtained pensionable age, and

(ii)

not years —

(1)

during any part of which he was married, or

(2)

preceding a marriage of his contracted before he ceased to hold qualifying judicial office; and

b

B is such amount of the office-holder’s final annual salary which, expressed as a weekly rate, falls between the lower earnings limit and the upper earnings limit at the date he ceases to hold qualifying judicial office.

(3) In this article —

• “final annual salary”in relation to an office-holder means the annual rate of salary he was receiving immediately before he ceased to hold qualifying judicial office;

• “notional service”means the period of service credited to an office-holder who transfers into the scheme from another judicial pension scheme, on the date of his transfer into the scheme, calculated in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995;(1); and

• “relevant period”means, in the case of a male office-holder, the period commencing on 6th April 1978 and ending on the Principal Appointed Day and, in relation to a female office-holder, the period commencing on 6th April 1988 and ending on the Principal Appointed Day.

(1)

S.I. 1995/636.