The Superannuation (Judicial Offices) (Aggregation of Service) Rules 1987

Application of Rules

3.—(1) Subject to paragraphs (2) and (3) below, these Rules apply to an office-holder who has served continuously in two or more judicial offices, if—

(a) superannuation benefits are payable to or in respect of him under enactments relating to his final office; and

(b) he elects (or, if he has died either in office or within three months of retirement without, in either case, having made an election, his personal representatives elect) that these Rules shall apply in relation to him.

(2) These Rules do not apply to an office-holder—

(a) whose service in his final office came to an end before 1st April 1987: or

(b) who, being subject to a compulsory retiring age in respect of his final office, retires from that office (otherwise than on the grounds of ill-health) before reaching that age.

(3) These Rules do not affect the operation of any enactment by virtue of which service in successive judicial offices is treated, for the purpose of entitlement to superannuation benefits, as service wholly in the last of those offices.

(4) For the purposes of these Rules—

(a) a City of London Office shall be treated as distinct from the office of Circuit Judge; and

(b) an office-holder’s service in two judicial offices successively shall be treated as continuous if his appointment to the second of those offices took effect within 32 days of his ceasing to hold the first, or within such longer period as the Treasury may, in a particular case, allow.

(5) An election under this rule shall be made in writing addressed to the Treasury within three months of the retirement or death, as the case may be, of the office-holder by, or in respect of, whom it is made, or within such longer period as the Treasury may, in a particular case, allow.

(6) These Rules shall not apply where, in a particular case, their application would put an office-holder (or persons entitled to superannuation benefits in respect of him) in a position less advantageous than that in which he (or they) would otherwise have been.