Judicial Pensions Act 1981

  1. Introductory Text

  2. Part I Rate of Pension

    1. Chapter I The Higher Judiciary

      1. 1. Interpretation.

      2. 2. Rate of pension.

      3. 3. Former holder of office other than high judicial office.

      4. 4. Provision against double pensions.

    2. Chapter II Other Judicial Offices

      1. 5. Circuit judge in England or Wales.

      2. 6. Sheriffs in Scotland.

      3. 7. Stipendiary magistrates in England and Wales.

      4. 8. Judge Advocate General: choice between civil service scheme and special provision.

      5. 9. Judge Advocate General: special provision.

      6. 10. President or other member of either Lands Tribunal.

      7. 11. President of pensions appeals tribunals.

      8. 12. President or chairman of employment tribunals

      9. 13. Social Security Commissioner.

      10. 13A. Registrar of Criminal Appeals.

      11. 14. Other judicial offices.

      12. 14A.(1) The provisions regulating the pensions which may be received...

      13. 15. Minister to determine certain questions.

  3. Part II Lump Sums and Widows’ and Children’s Pensions

    1. 16. Application of Part II, and interpretation.

    2. 16A.For the purpose of the calculation of any derivative benefit...

    3. 17. Lump sum on retirement or death.

    4. Widows’ and children’s pensions

      1. 18. Conditions of grant.

      2. 18A. Widowers’ pensions

      3. 19. Widows’ and widowers’ pensions.

      4. 20. Children’s pension: beneficiaries.

      5. 21. Meaning of “period of childhood and full-time education”.

      6. 22. Children’s pension: rate and mode of payment.

    5. Contributions

      1. 23. Contribution towards cost of widow’s and children’s pension.

      2. 24. Judicial office held by a woman.

    6. Special cases

      1. 25. Persons serving again after retirement.

      2. 26. Lord Chancellor.

    7. Supplemental

      1. 27. Disregard of abatement of pension under s. 65 of Social Security Act 1973.

      2. 28. Effect of certain nullity decrees.

      3. 29. Recommendation of a Minister required in certain cases.

  4. Part III Supplemental

    1. 29A.Transfer of accrued benefits.

    2. 29B. Pension credits: restriction on payments

    3. 30. Saving for Pensions (Increase) Act.

    4. 31. Payments charged on Consolidated Fund.

    5. 32. Other financial provisions.

    6. 32A. Appeals.

    7. 33. Interpretation.

    8. 33A. Voluntary contributions.

    9. 34. County court registrars and assistant registrars.

    10. 35. Saving for certain Circuit judges in the City of London.

    11. 36. Transitory provisions, amendments and repeals.

    12. 37. Short title and commencement.

  5. SCHEDULES

    1. SCHEDULE 1

      CERTAIN SUPREME COURT AND COUNTY COURT OFFICERS, AND PRESIDENT OF TRANSPORT TRIBUNAL

      1. Part I

        1. 1.This Schedule applies to the following officers:—

        2. Supreme Court officers

          1. Master, Queen’s Bench Division. . . . Admiralty Registrar. Master,...

        3. County court officers

          1. District judge. . . ..

        4. Transport Tribunal

          1. President of the Transport Tribunal.

        5. Relevant service

          1. 2.(1) In this Schedule “relevant service” in relation to any...

        6. Person within principal civil service pension scheme prior to appointment

          1. 3.(1) This paragraph has effect as respects a person who...

      2. Part II Pension Benefits

        1. Personal pension

          1. 4.(1) An officer to whom this Schedule applies may be...

        2. Retirement for ill-health

          1. 5.An officer to whom this Schedule applies who retires on...

        3. Retirement before qualifying for pension

          1. 6.An officer to whom this Schedule applies who—

        4. Premature retirement on abolition of office

          1. 7.An officer to whom this Schedule applies may on retirement...

        5. Discharge for inefficiency

          1. 8.(1) If an officer to whom this Schedule applies is...

        6. Re-employment after retirement

          1. 9.(1) If a person to whom a pension has been...

        7. Allocation of benefit to spouse or dependant

          1. 10.(1) In this paragraph and paragraphs 11 and 12 below—...

          2. 11.(1) A derivative pension for the benefit of the spouse...

          3. 12.(1) Any suspension of a pension under paragraph 9 above...

          4. 13.The fact that Part II of this Act applies to...

        8. Allocation of benefit on marriage after retirement

          1. 14.(1) This paragraph has effect as respects an officer to...

      3. Part III Persons Injured, or Contracting Disease, In Discharge of Their Duties

        1. 15.(1) This paragraph applies where an officer to whom this...

        2. 16.(1) Any annual allowance granted under paragraph 15 above to...

        3. 17.(1) If a warrant under paragraph 15 above authorises the...

      4. Part IV Supplemental

        1. Temporary abatement of salary to be disregarded

          1. 18.Any reference in this Schedule to the salary of an...

        2. Service in the armed forces

          1. 19.An officer to whom this Schedule applies shall not be...

        3. Distribution of money without representation

          1. 20.(1) Where on the death of an officer to whom...

        4. Delegation of Minister’s power to grant pensions or other benefits

          1. 21.The Treasury may, to such extent and subject to such...

        5. Minister to determine certain questions

          1. 22.The decision of the Treasury shall be final on any...

        6. President of the Transport Tribunal

          1. 23.(1) Any pension benefit paid to or in respect of...

    2. SCHEDULE 1A

      TRANSFER OF ACCRUED BENEFITS

      1. Part I General

        1. Interpretation

          1. 1.(1) In this Schedule— “authorised insurer” means—

        2. Regulations

          1. 2.Regulations for the purposes of this Schedule—

        3. Other provisions about transfer values

          1. 3.Chapter IV of Part IV of the Pension Schemes Act...

      2. Part II Transfers Out

        1. Qualifying members

          1. 4.(1) Where the conditions mentioned in sub-paragraph (2) are satisfied,...

        2. Qualifying member’s right to a transfer payment

          1. 5.(1) When his qualifying service ends, a qualifying member acquires...

        3. Method of taking cash benefit

          1. 6.(1) A qualifying member who acquires a right to a...

        4. Calculation of cash equivalents

          1. 7.(1) Cash equivalents are to be calculated and verified in...

        5. Time within which option must be exercised

          1. 8.(1) A qualifying member may only exercise his option on...

        6. Option to be exercised in writing

          1. 9.(1) A qualifying member may only exercise his option by...

        7. Cancellation of exercise of option

          1. 10.(1) A qualifying member may cancel the exercise of his...

      3. Part III Transfers In

        1. Application to accept payment into scheme

          1. 11.(1) Where a member of a scheme has asked the...

        2. Cancellation of request

          1. 12.(1) A member may, by notice in writing given to...

        3. Regulations

          1. 13.Regulations may— (a) prescribe limits on the amounts which the...

    3. SCHEDULE 2

      TRANSITORY PROVISIONS

      1. Part I

        1. The Higher Judiciary

          1. 1.(1) In the case of a person holding high judicial...

        2. Circuit judges

          1. 2.(1) Section 5 and the other provisions of this Act...

        3. Stipendiary magistrates in England and Wales

          1. 3.In the case of a person who at a time...

          2. 4.This Act shall not apply to a pension or other...

          3. 5.In relation to persons who did not serve as stipendiary...

        4. Application of Part II to certain abolished offices

          1. 6.(1) Section 16 of this Act shall have effect as...

        5. Officers within Schedule 1 to this Act

          1. 7.(1) This paragraph has effect as respects an officer of...

          2. 8.(1) This paragraph has effect as respects a county court...

          3. 9.(1) Schedule 1 to this Act shall not apply to...

        6. High Court registry at Liverpool or Manchester

          1. 10.(1) The repeals made by this Act in the County...

        7. Judicial offices within Chapter II of Part I

          1. 11.Subject to the preceding provisions of this Schedule, Chapter II...

      2. Part II Derivative Benefits

        1. Person serving on 15 December 1950: election against all derivative benefits

          1. 12.(1) This paragraph applies to a person in whose case...

        2. Persons serving on 15 December 1950: election against benefits for widow and children

          1. 13.(1) This paragraph applies to a person in whose case...

        3. Relevant service wholly before 18 April 1973

          1. 14.(1) Where the relevant service was wholly before 18 April...

        4. Persons serving on 18 April 1973: election for application of paragraph 14 above

          1. 15.(1) Subject to paragraph 28 below, this paragraph applies in...

        5. Pension not wholly attributable to service after 17 April 1973

          1. 16.(1) Subject to paragraph 28 below, this paragraph applies in...

        6. Persons serving on 18 April 1973: election for pensions wholly attributable to service on or after that date

          1. 17.(1) This paragraph applies in relation to a person in...

        7. Saving for provisions about elections

          1. 18.The repeals made by this Act shall not affect any...

      3. Part III Modification of Part II in Relation to Service before April 1973

        1. 19.In the cases specified in paragraphs 14 and 15 above...

        2. Widow’s pension

          1. 20.In section 19(3) for “one half” substitute “ one third”....

        3. Children’s pension

          1. 21.In section 22 for subsections (2) and (3) substitute—

        4. Contributions

          1. 22.Neither section 23, nor any regulations under that section, shall...

          2. 23.(1) The contribution shall take the form of a reduction...

      4. Part IV Widower’s Pensions

        1. General

          1. 24.In this Part of this Schedule— “ the commencement date...

        2. Service wholly before the commencement date

          1. 25.Subject to paragraph 26, no widower’s pension shall be payable...

        3. Members retiring between publication and commencement date

          1. 26.(1) A member who retires— (a) on or after the...

        4. Service partly before and partly after the commencement date

          1. 27.(1) No widower’s pension shall be payable in respect of...

        5. Pension not wholly attributable to service after 17 April 1973

          1. 28.(1) This paragraph applies to a member who, apart from...

    4. SCHEDULE 3

      CONSEQUENTIAL AMENDMENTS

      1. Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)

        1. 1.Section 118 of the Supreme Court of Judicature (Consolidation) Act...

      2. Superannuation Act 1965 (c. 74)

        1. 2.In section 39A of the Superannuation Act 1965 (inserted by...

      3. Parliamentary Commissioner Act 1967 (c. 13)

        1. 3.(1) Schedule 1 to the Parliamentary Commissioner Act 1967 shall...

      4. Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

        1. 4.(1) The Superannuation (Miscellaneous Provisions) Act 1967 shall be amended...

      5. Courts Act 1971 (c. 23)

        1. 5.In section 19(5) of the Courts Act 1971 for “the...

        2. 6.(1) Schedule 2 to the Courts Act 1971 shall be...

      6. Pensions (Increase) Act 1971 (c. 56)

        1. 7.(1) The Pensions (Increase) Act 1971 shall have effect in...

      7. Superannuation Act 1972 (c. 11)

        1. 8.(1) In section 13(1) of the Superannuation Act 1972 for...

      8. Administration of Justice Act 1973 (c. 15)

        1. 9.In section 9(4) of the Administration of Justice Act 1973...

      9. Social Security Act 1980 (c.30)

        1. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. SCHEDULE 4

      REPEALS