The Judicial Pensions (Requisite Benefits) Order 1987

REQUISITE BENEFITS

Office-holder’s benefits

6.—(1) As from his attainment of pensionable age, an office-holder shall be entitled for the purposes of this Order to a pension under a scheme for his life.

(2) Subject to paragraphs (3) and (4) below, the annual rate of the office-holder’s pension under paragraph (1) shall be 1¼ per cent of his final salary multiplied by the number of years of relevant service completed by him before he attained pensionable age.

(3) Paragraph (2) above shall not apply in relation to an office-holder who—

(a) ceases to hold office before normal pension age, and

(b) has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation).

(4) Any part of the pension under paragraph (1) above in excess of the office-holder’s guaranteed minimum pension shall be postponed for any period for which he continues in employment (whether or not employment to which the scheme relates) after attaining pensionable age.

Widow’s benefits

7.—(1) As from the death of an office-holder (whether before or after attaining pensionable age) his widow shall be entitled for the purposes of this Order to a pension under a scheme.

(2) Subject to paragraphs (3) and (4) below, the annual rate of the widow’s pension under paragraph (1) shall be ⅝ per cent of the final salary (or last salary before death) of the office-holder multiplied by the number of years of relevant service completed by him before he attained pensionable age.

(3) Paragraph (2) above shall apply for any such period as is mentioned in section 36(6) of the Act.

(4) Paragraph (2) above shall not apply in relation to an office-holder who dies after ceasing to hold office and who has completed less than five years' qualifying service for the purposes of Schedule 16 to the Act of 1973 (preservation).

Office-holder’s guaranteed minimum pension

8.—(1) As from his attainment of pensionable age an office-holder who has ceased to hold office shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 35(2), (3), (4), (5) and (9) of the Act, unless his accrued rights thereto are extinguished under section 43(7).

(2) Where an office-holder continues to serve after pensionable age, then—

(a) as from the expiration of five years from the date on which he attains pensionable age, or

(b) as from the date (if earlier) when he ceases to hold office,

he shall, subject to paragraph (3) below, be entitled to receive not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in the manner provided by paragraph (1) above and section 35(6) of the Act.

(3) Entitlement to payment of a guaranteed minimum pension by virtue of paragraph (1) or (2) above shall not arise in respect of any period during which the consent of the office-holder under section 33(3) (a) or (b) of the Act is in force and not revoked, and, when the pension which has accordingly been postponed commences, paragraph (1) above shall apply as if it contained a reference to section 35(6).

Widow’s guaranteed minimum pension

9.—(1) As from the death (whether before or after attaining pensionable age) of an office-holder, his widow shall, subject to paragraphs (2) and (3), be entitled to receive a guaranteed minimum pension the weekly rate of which shall be not less than her guaranteed minimum as ascertained in accordance with section 36(3) of the Act.

(2) Paragraph (1) above shall apply for any such period as is mentioned in section 36(6) of the Act.

(3) Paragraph (1) above shall not apply if—

(a) at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act, or

(b) the widow’s accrued rights are extinguished under that subsection.