PART 3RETIREMENT BENEFITS

Retirement under the normal pension age: entitlement to preserved pension

17.—(1) This regulation applies where—

(a)a member (“P”) retires (whether before, on or after the commencement day);

(b)if P retires by virtue of having been removed from all judicial offices held by P—

(i)the appropriate Minister makes a recommendation under regulation 15(1)(c), and

(ii)P does not make an election under regulation 15(3); and

(c)on the day on which P retires, P—

(i)has not reached normal pension age,

(ii)has at least 2 years’ qualifying judicial service; and

(iii)is not entitled to a pension under regulation 14.

(2) On the pension start day, P becomes entitled to the payment for life of a pension.

(3) In this regulation “the pension start day” means—

(a)the day on which P—

(i)reaches the age of 65, or

(ii)(if later) would have completed five years’ qualifying judicial service, if P had continued to hold a judicial office; or

(b)if later, the commencement day.