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The Judicial Pensions (Guaranteed Minimum Pension) Order (Northern Ireland) 1995

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Surviving spouse’s guaranteed minimum pension

5.—(1) As from the date of death of an office-holder, whether before or after attaining pensionable age, his surviving spouse shall be entitled to receive a guaranteed minimum pension the weekly rate of which shall be no less than the guaranteed minimum ascertained in accordance with section 13(2) and (3) or (4) of the Act as appropriate.

(2) Paragraph (1) shall apply, in the case of a widow for the period mentioned in section 13(5) of the Act and in the case of a widower, in the circumstances prescribed under section 13(6) of that Act.

(3) Paragraph (1) 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 56 of the Act; or

(b)the surviving spouse’s accrued rights are extinguished under that section.

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