The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Annual rate of eligible child’s pension

43.—(1) The annual rate of a pension to which a person becomes entitled under regulation 42, where P dies without leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of P’s pension;

(b) in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of P’s pension.

(2) The annual rate of a pension to which a person becomes entitled under regulation 42, where P dies leaving a surviving adult, is—

(a) in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of P’s pension;

(b) in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of P’s pension;

(c) in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of P’s pension;

(d) in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of P’s pension.

(3) The Treasury may direct, where the deceased member leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner.

(4) The Treasury may, at any time, cancel a direction given under paragraph (3).

(5) For the purposes of this regulation the “rate of P’s pension” is determined as follows.

(6) Where P dies on or after the commencement day after having retired, the rate of P’s pension is the annual rate of the pension to which P was entitled under Part 3 on the day on which P died.

(7) Where P dies on or after the commencement day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under Part 3 on the day after that on which P died if—

(a) on the day on which P died, P had not died but had instead retired, and

(b) the ill-health certification condition were met in relation to P.

(8) Where P dies before the commencement day after having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if P were still alive on that day.

(9) Where P dies before the commencement day without having retired, the rate of P’s pension is the annual rate of the pension to which P would have become entitled under Part 3 on the commencement day if—

(a) on the day on which P died, P had not died but had instead retired,

(b) the ill-health certification condition were met in relation to P, and

(c) P had survived until the commencement day.