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

Amount of benefits

4.—(1) Where a person by or in respect of whom an election is made under rule 3 has served continuously in not more than two judicial offices, the benefits payable to or in respect of him shall—

(a) if at the time of his retirement or death the salary of the second of those offices is not less than the salary of the first, be equal to the benefits which would have been payable to or in respect of him under the enactments relating to the first office if he had continued to serve in that office until his retirement or death at the salary then payable to a holder of that office; or

(b) if at the time of his retirement or death the salary of the second of those offices is less than the salary of the first, be equal to whichever are the more favourable of the following—

(i) the benefits which would have been payable to or in respect of him under the enactments relating to the second office if his service in the first office had been service in the second office; or

(ii) the benefits which would have been payable to or in respect of him under the enactments relating to the first office if he had retired from that office on grounds of ill-health on the date when he ceased to hold that office.

(2) Where a person by or in respect of whom an election is made under rule 3 has served continuously in not fewer than three judicial offices, the benefits payable to or in respect of him shall be equal to whichever are the most favourable of the following—

(a) the benefits which would have been payable to or in respect of him under paragraph (1) above if the first of his last three judicial offices were the first office referred to in that paragraph, his service in the second of those offices were service in the third of those offices, and the third of those offices were the second office referred to in that paragraph;

(b) the benefits which would have been payable to or in respect of him under paragraph (1) above if his service in only the last two of his judicial offices were taken into account; or

(c) the benefits which would have been payable to or in respect of him under paragraph (1) above if his service in only the first two of his last three judicial offices were taken into account.

(3) Where a judicial office in which a person has been employed ceases to exist before the time of his retirement or death, then, for the purpose of calculating the amount of the benefits payable to or in respect of him under this rule, the salary of that office shall be taken to be such amount as the Treasury may determine to be the salary which would have been payable in respect of that office if it had continued to exist at the time of his retirement or death.

(4) Where any benefits are paid under these Rules in respect of a person’s service in a judicial office, no additional superannuation benefit shall be paid in respect of that service under the enactments relating to that office.