Judicial Pensions Act 1981

18 Conditions of grant. U.K.

(1) Subject to the provisions of this Part of this Act, on the death of a male person (hereinafter in this Part of this Act referred to as “the deceased”) who—

(a) had become eligible for a pension for service in any judicial office, or

(b) was serving in any judicial office at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension for that service,

there may be granted in respect of his service—

(i) where he leaves a widow, a pension to that widow (hereafter in this Part of this Act referred to as a “widow’s pension”), and

(ii) where he had a wife at any time during his relevant service (whether or not the marriage continued until his death and whether or not a widow’s pension is or can be granted), a pension for the benefit of the children of the marriage [F1 and of children adopted by him during the marriage] (hereafter in this Part of this Act referred to as a “children’s pension”).

(2) If [F2 the Treasury] is satisfied that a person (“the child”) excluded from subsection (1)(ii) above because adopted after the termination of the marriage was before the termination of the marriage wholly or mainly dependent on the deceased person, and that the deceased person had before the termination of the marriage formed the intention of adopting the child, [F2 the Treasury] may direct that the said exclusion in subsection (1)(ii) above shall not apply to the child.

[F3 (3) Subject to the provisions of this Part of this Act, on the death of a female person (hereafter in this Part of this Act referred to as “the deceased”), who—

(a) had become eligible for a pension for service in any judicial office, or

(b) was serving in any judicial office at the time of her death and would, if she had then retired on the ground of permanent infirmity, have become eligible for a pension for that service,

there may be granted in respect of her service a pension for the benefit of children of any marriage of hers and of children adopted by her (hereafter in this Part of this Act referred to as a “children’s pension”).]

Textual Amendments

F1 Words repealed for Northern Ireland by S.I. 1987/2203 (N.I. 22), art. 72(3), Sch. 5 Pt. I

F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(a)

F3 S. 18(3) repealed (prosp.) (with saving) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124, 125(6)(7), Sch. 19 para. 9, Sch. 20

Modifications etc. (not altering text)

C1 S. 18 extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I) 1988/293, art. 6 Table