PART 3RETIREMENT BENEFITS

Retirement under age of 60 on removal from judicial office: entitlement to reduced pension15

1

This regulation applies where—

a

a member (“P”) retires (whether before, on or after the commencement day) by virtue of having been removed from all judicial offices held by P;

b

on the day on which P retires, P has not reached the age of 60; and

c

the appropriate Minister recommends to the administrators that P’s accrued rights under the principal scheme be given immediate effect.

2

The administrators must notify P of the recommendation under paragraph (1)(c).

3

If P elects in writing to the administrators within 3 months of receiving the notice that P wishes to receive benefits under this regulation—

a

P becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension; and

b

P also becomes entitled, on that day, to the amount P would have been entitled to if P had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a).

4

In this regulation “the pension start day” means—

a

the day after that on which P retires; or

b

if later, the commencement day.