38.—(1) Paragraph (2) applies where—
(a)the surviving civil partner in relation to a member (“P”) becomes entitled to a pension under regulation 36;
(b)P held a judicial office before, and on, 5th December 2005; and
(c)P elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner’s pension under regulation 37 should be calculated as if P first held a judicial office on 5th December 2005.
(2) The rate of P’s pension, for the purposes of regulation 37, is to be determined on the basis that P first held a judicial office on 5th December 2005.
(3) In this regulation “the relevant day” means—
(a)the commencement day, or
(b)if later, the day on which the civil partnership is entered into.
(4) An election under this regulation is irrevocable.