PART 3RETIREMENT BENEFITS: Post-1995 Provisions

Annual rate of ordinary pension13.

(1)

The annual rate of a pension to which F1P becomes entitled under regulation 12 is determined under paragraph (3), (5) or (7) (whichever applies).

(2)

Paragraph (3) applies where, on retirement, P has reckonable service in only one eligible fee-paid judicial office F2which is a relevant office.

(3)

The annual rate is determined in accordance with the following formula—

R 40 × Smath

where—

  1. a

    R is P's reckonable service in the relevant office;

  2. b

    S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(4)

Paragraph (5) applies where—

(a)

on retirement, P has reckonable service in more than one eligible fee-paid judicial office; and

(b)

P did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously.

(5)

The annual rate F3for any relevant offices is determined in accordance with the following formula—

A R 40 × Smath

where—

  1. a

    AR is the aggregate length of P's reckonable service in F4relevant offices;

  2. b

    S is the appropriate annual salary of the judicial office held by P immediately before retirement.

(6)

Paragraph (7) applies where—

(a)

on retirement, P has reckonable service in more than one eligible fee-paid judicial office F5...; and

(b)

at any time before retirement, P held two or more F6eligible fee-paid judicial offices simultaneously.

(7)

The annual rate F7for any relevant offices is determined by taking the following steps—

Step 1

  • Determine the annual rate under paragraph (3) in relation to each relevant office which P held simultaneously F8with another eligible fee-paid judicial office, as if—

    1. (i)

      that office were the only office in which P had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5); and

    2. (ii)

      P held that office (and held no other judicial office) immediately before retirement.

Step 2

  • Determine the annual rate under paragraph (5) F9for any relevant office which P did not hold simultaneously with another eligible fee-paid judicial office, and for these purposes, in paragraph (5), S is—

    1. (i)

      where P held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office;

    2. (ii)

      where P held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices.

Step 3

  • Add together each of the rates found under Step 1 and the rate found under Step 2.

(8)

Paragraph (9) applies where—

(a)

during one or more parts of the period for which P held F10a relevant office (“office A”), P held one or more other eligible fee-paid judicial offices simultaneously, and

(b)

during one or more parts of that period P held no eligible fee-paid judicial office other than office A.

(9)

For the purposes of paragraph (7)—

(a)

office A is to be treated as two different relevant offices—

(i)

the first of which (“the first office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a), and accordingly, is taken into consideration in Step 1 in paragraph (7), and

(ii)

the second of which (“the second office”) is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly is taken into consideration in Step 2 in paragraph (7), and

(b)

P's reckonable service in office A is to be apportioned between the first and the second offices in the same proportion as that between the period P held the first office and the period P held the second office.