1995 No. 640
The Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995
Made
Laid before Parliament
Coming into force
The Lord Chancellor and, in relation to judicial offices whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by section 19(5) of the Judicial Pensions and Retirement Act 19931; and the Treasury, in exercise of the powers conferred on them by the enactments specified in the Schedule to these Regulations hereby make the following Regulations: —
Title and commencement1
These Regulations may be cited as the Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation2
In these Regulations —
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993, and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
Timing and manner of payments of pensions and lump sums under section 193
1
The payment of pensions and lump sums under section 19 shall be made in the same manner, at the same time and intervals and to the same persons as the payment of pensions and lump sums are made under Part I.
2
Any direction made by the Treasury under section 5 in respect of the cessation or resumption of a surviving spouse’s pension, or under sections 6, 7 or 8 in respect of the payment of a children’s pension shall apply equally to any surviving spouse’s pension or children’s pension payable under section 19 that is calculated by reference to the pension so payable under Part I.
Lump sums under section 19: clawback4
A person to whom a lump sum is paid under section 19 but who resumes service in qualifying judicial office shall not be required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded shall be deducted from any lump sum which subsequently becomes payable to or in respect of him under section 19.
SCHEDULE
Section 13(6) of the Superannuation Act 19722;
Paragraph 4 of Schedule 1 to the Parliamentary Commissioner Act 19673;
Paragraph 4 of Schedule 1A to the Parliamentary Commissioner Act (Northern Ireland) 19694;
Section 107 of the National Health Service 19775;
Section 91 of the National Health Service (Scotland) Act 19786;
Article 4A(5) of the Audit (Northern Ireland) Order 19877.
(This note is not part of the Regulations)