The Judicial Pensions Regulations (Northern Ireland) 2015

Annual rate of surviving adult's pensions payable under this scheme when a transition member dies in service N.I.

16.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a) who dies as an active member of this scheme; and

(b) whose period of service is at least 12 months.

(2) Where there is an entitlement under this scheme and [F1 a relevant] scheme to a surviving adult's pension, the annual rate of that pension is the sum of—

(a) the amount of dependant's earned pension calculated under regulation 100; and

(b) the amount of the equivalent surviving spouse's or surviving civil partner's pension payable under [F1 a relevant] scheme.

(3) Where there is an entitlement to a surviving adult's pension, the payment of any pension or enhancement in respect of the member's assumed period of pensionable service is not payable under [F1 a relevant] scheme.

(4) In this paragraph—

“the member's assumed period of pensionable service” means the period—

(a)

beginning with the day after the date of the member's death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member's continuous period of pensionable service under this scheme; and

(b)

the member's pensionable service under [F1 a relevant] scheme before the transition date for that member.

[F2 (5) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments

F1 Words in Sch. 2 para. 16 substituted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(9)(a)

F2 Sch. 2 para. 16(5) inserted (2.5.2023) by The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/63), regs. 1(2), 16(9)(b)