The Judicial Pensions Regulations 2022

Annual rate of eligible child’s pension

89.—(1) The annual rate of an eligible child’s pension is determined by reference to the annual rate of the corresponding surviving adult’s pension (disregarding any reduction falling to be made under regulation 85 (reduction in pensions in cases of wide age disparity) whether or not a surviving adult’s pension is payable on the death of the member.

(2) For the purposes of this regulation, the corresponding surviving adult’s pensions are—

(a) for a child’s earned pension, a dependant’s earned pension;

(b) for a child’s ill-health pension, a dependant’s ill-health pension.

(3) If a surviving adult’s pension is payable on the death of the member—

(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to 80% of the annual rate of the corresponding surviving adult’s pension; and

(b) if an eligible child’s pension is payable in respect of two or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of 80% of the annual rate of the corresponding surviving adult’s pension.

(4) If a surviving adult’s pension is not payable on the death of the member—

(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3; and

(b) if an eligible child’s pension is payable in respect of two or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3.

(5) In this regulation, “the appropriate fraction” means:

where—

• Y is the number of eligible children in respect of whom an eligible child’s pension is payable immediately after the date of the member’s death