The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) (Amendment) Regulations 2006

Citation and Commencement

1.  These Regulations may be cited as the Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) (Amendment) Regulations 2006 and come into operation on 6th April 2006.

Amendments to the Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987(1)

2.  The Judicial Pensions (Northern Ireland) (Widows' and Children’s Benefits) Regulations 1987 are amended as follows.

3.—(1) In regulation 8(2) (Election to make periodical payments), in sub-paragraph (a), for “4 per cent.”, substitute “2.4%”.

(2) In regulation 8(2), in sub-paragraph (b), for “3 per cent.”, substitute “1.8%”.

(3) For regulation 8(4) substitute—

“(4) Subject to paragraphs (7) and (8), an election made under this regulation shall be irrevocable.”

(4) After regulation 8(6) insert—

“(7) An office-holder who ceases to be married after having made an election under this regulation may revoke his election by notice in writing to the responsible authority not later than six months after his so ceasing.

(8) Without prejudice to paragraph (7), an office-holder who is making periodical payments may on a single occasion and regardless of his marital status revoke his election to pay periodical payments by notifying the responsible authority in writing that he wishes to do so.

(9) A revocation made under paragraph (7) or (8) shall not prevent an office-holder subsequently electing to make periodical payments in accordance with paragraph (3).”

4.  For regulation 9(2) (Additional payments for back service), substitute—

“(2) An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at the following rates—

(a) if he is serving in a 15 year office, 2.4%, 4.8%, 6.6% or a higher percentage, being a multiple of the standard rate;

(b) if he is serving in a 20 year office, 1.8%, 3.6%, 5.4%, 7.2% or a higher percentage being a multiple of the standard rate.”

5.  In regulation 10(4) (Method of payment), for the words “15 per cent. of the”, substitute “the total”.

6.  Regulation 13(2) (Refunds of periodical payments) is revoked.

Falconer of Thoroton, C.

Lord Chancellor

Dated 1st March 2006

Dave Watts

Vernon Coaker

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 13th March 2006