The Judicial Pensions (Fee-Paid Judges) Regulations 2017

Lump sum on death: death soon after retirement of member entitled to pension U.K.

47.—(1) Paragraph (2) applies if—

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

(b) where P retires on or after the commencement day, P is not, on retirement, an opted-out member;

(c) immediately before death, P was entitled to the payment of a pension under Part 3 (retirement benefits); and

(d) the total benefits received are less than the minimum benefits amount.

(2) On the day after that on which P dies, P's personal representatives become entitled on behalf of P's estate to a lump sum equal to the difference between the total benefits received and the minimum benefits amount.

(3) In this regulation “the total benefits received” means the amount determined in accordance with the following formula—

where—

a

[F2 A is the sum of the interim payments amount (if any), and any interim amendments payments amount (as that expression is defined in regulation 68 of the Amendment Regulations) in relation to P in respect of benefits corresponding to those under the post-1995 provisions;]

b

B is the amount (if any) paid or payable to P under regulation 50 [F3 and regulation 69 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions];

c

C is the total of the sums paid or payable to P under Part 3 on account of the pension (including any increases under the Pensions (Increase) Act 1971 F4 ), and by way of lump sum, in relation to the period after commencement day;

d

D is the amount (if any) paid or payable by P under regulation 51 [F5 and regulation 70 of the Amendment Regulations in respect of benefits corresponding to those under the post-1995 provisions].

(4) In this regulation “the minimum benefits amount” means the amount determined in accordance with the following formula—

where E is the annual rate of the pension payable to P under Part 3 immediately before P's death.

[F6 (5) In this regulation, “the Amendment Regulations” means the Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2023.]

Textual Amendments

F2 Reg. 47(3)(a) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 30(a)(i)

F3 Words in reg. 47(3)(b) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 30(a)(ii)

F4 1971 c.56.

F5 Words in reg. 47(3)(d) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 30(a)(iii)

F6 Reg. 47(5) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 30(b)