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Judicial Pensions Act (Northern Ireland) 1951

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N.I.Special cases

12Persons serving again after retirement.N.I.

Where any person after retirement from service resumesF1. . . service, that retirement shall be left out of account for all the purposes of this Part of this Act except that—

(a)if a lump sum was granted on that retirement without any contribution being made, then unless that person on resumption ofF1. . . service, or within three months ofF1. . . marrying[F2 or forming a civil partnership] while again serving, refunds by way of contribution one half of the lump sum, no pension shall be granted to any[F1 widow, widower[F2, surviving civil partner] or child of that person]; and

(b)any lump sum granted on that retirement, less any refund, shall be set off against any lump sum to be granted in respect of[F1 that person's] service.

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F2SI 2005/3325

13Persons already serving.N.I.

(1)If a person serving at the commencement of this Act within three months of such commencement so elects—

(a)any pension in relation to which his service was relevant service shall not be reduced under this Part of this Act; and

(b)eligibility for any pension in relation to which that service was relevant service shall not satisfy the conditions under which a lump sum or widow's or children's pension may be granted under this Act.

(2)If such a person as aforesaid who has not made an election under the preceding sub-section, within three months of the commencement of this Act so elects—

(a)eligibility for any pension in relation to which the said service was relevant service shall not satisfy the conditions under which a widow's or children's pension may be granted under this Part of this Act; and

(b)any lump sum payable in respect of that service shall not be reduced under section eleven of this Act.

(3)A man who after duly making an election under this section marries while still serving may within three months after the marriage by notice revoke his election.

(4)An election or notice authorised to be made under this section shall be in writing, shall be made to the Ministry of Finance, and shall be made in the life-time of the person who makes it.

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